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2 days ago · A mother and her two minor children, who entered the United States seeking asylum, were scheduled for an initial hearing before an immigration judge (IJ) in Seattle, Washington. On their way to the hearing, they encountered two major car accidents, causing them to be two hours late. Upon arrival, they attempted to have their case heard but were unsuccessful. The IJ ordered them removed in ...
Feb 10, 2022 · The Immigration and Nationality Act, Pub. L. No. 414, 66 Stat. 163 (1952) (codified as amended in scattered sections of 8 and 18 U.S.C.), lays out the definition of “refugee” for the purposes of domestic U.S. law. See 8 U.S.C. § 1158(b)(1)(A). This definition was based upon the definition of “refugee” in international law.
Asylum-seeker: An asylum-seeker, also known in Canada as a refugee claimant, is someone who has fled their home country due to persecution, war, or violence, and has applied for asylum (protection) in another country. They seek safety and refuge in a foreign country because they fear persecution or a risk to their life if they return to their home country.
Dec 11, 2021 · CRS is pleased to announce the release of this report on access to justice for refugees, produced in collaboration with the CERC in Migration and Integration, and the Canadian Foundation for Civil Justice. The report, which is co-authored by Craig Damian Smith, Sean Rehaag, and Trevor Farrow gathers data from stakeholders, including a survey of […]
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Over the course of the pandemic, Canada has continued to receive asylum claims:Under a temporary and reciprocal agreement with the United States, asylum claimants seeking to enter Canada from the United States between official land ports of entry will continue to be directed...The Federal Court of Appeal has granted the Government of Canada’s appeal of the July 2020 Federal Court decision. As a result, the application of the STCA at land ports of entry remains in effect.As of June 2, 2021, Immigration, Refugees and Citizenship Canada (IRCC)’s network of panel physicians will offer vaccines to Canada-bound migrants who require an Immigration Medical Examination whe...Enhancing Canada’s asylum system
1. Funding was announced in the Economic and Fiscal Snapshot 2020 to enable the asylum system to process 50,000 asylum claims annually until March 2023. 2. With this funding, the capacity at the Refugee Protection Division will be maintained at 50,000 claims for two years (2021-2022 and 2022-2023), with one additional year of post-Refugee Appeal Division processing (2023-2024). The 2021-2022 IRCC funding ($13.6M excluding Public Services and Procurement Canada, Shared Services Canada and empl...
Impact of the recent Federal Court of Appeal’s decision
1. On April 15, 2021, the Federal Court of Appeal granted the Government of Canada’s appeal of the July 2020 Federal Court decision which found that the provisions implementing the STCA violated section 7 of the Canadian Charter of Rights and Freedoms (life, liberty and security), which would have rendered the STCA regime invalid. The Federal Court of Appeal also dismissed the cross-appeal raised with respect to possible s.15 violations (equality) and the vires (i.e. legality) of the designat...
Order in Council application at land ports of entry
1. Under the Order in Council (the Order) issued under the Quarantine Act, foreign nationals are prohibited from entering Canada from the United States to make a claim for refugee protection unless they enter Canada at a designated land port of entry and meet an exemption or exception under the Canada-United States STCA, namely: 1.1. Citizens of the United States or stateless habitual residents of the United States 1.2. Claimants with a family member in Canada 1.3. Unaccompanied minors, as de...
Since the introduction of COVID-related travel restrictions between Canada and the United States, there were 16,823 asylum claims made in Canada (as of April 30, 2021): Directed back and/or Safe Th...
Under section 5 of the Order in Council issued under the authority of the Quarantine Act titled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from th...Under the Order in Council, asylum claimants entering Canada from the United States at a location other than a designated land port of entry are prohibited from entering Canada to make a claim for...To ensure that Canada can continue to meet its domestic and international obligations, targeted exceptions to the prohibition on entering Canada to make a refugee claim at a location other than a l...• Firm resettlement bar –INA § 208(b)(2)(A)(vi); 8 C.F.R. § 1208.15 • Aggravated felony bar –INA § 208(b)(2)(B)(i) • Frivolous Asylum claim –INA § 208(d)(6) • Previously filed Asylum application –INA § 208(a)(2)(C) • Reinstated removal order –INA § 241(a)(5) However, the noncitizen may still be eligible for Withholding of
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Sep 9, 2024 · The agent of this carceral regime is the UK Government, whose intention is to create ‘a really hostile environment for illegal immigrants’ 81 whilst avoiding the imposition of conditions which might breach Article 3 of the ECHR, concerning inhuman and degrading treatment. 82 This is clearly evident in the case law surrounding the ‘essential living needs’ of asylum seekers which ...
