Can Asylum Seekers Who Enter Canada Illegally Be Granted Asylum?
Asylum seekers who enter Canada illegally can still potentially be granted asylum, though the process involves several complexities and is subject to specific criteria and procedures.
Eligibility for Asylum in Canada
To be eligible for asylum in Canada, individuals must demonstrate a well-founded fear of persecution in their home country due to factors such as race, religion, nationality, political opinion, or membership in a particular social group. This eligibility criterion is the first and fundamental requirement for any asylum seeker.
Irregular Entry into Canada
Canada recognizes that individuals may enter the country irregularly, i.e., outside of official border crossings, due to urgent situations, such as fleeing violence or persecution. Those who enter in this manner can still apply for asylum, provided they can prove their case and meet the legal requirements.
The Asylum Process
Once in Canada, asylum seekers must make a formal claim for refugee protection by submitting their application to the Immigration and Refugee Board of Canada (IRB). The IRB will then conduct a hearing to assess the asylum seeker's case. During this process, the asylum seeker must provide detailed information to substantiate their fear of persecution, and it is crucial to present evidence to support their case.
The Safe Third Country Agreement (STCA)
Under the Safe Third Country Agreement (STCA) between Canada and the United States, individuals who arrive in Canada from the U.S. may be returned to the U.S. unless they qualify for exceptions. This means that if an asylum seeker enters Canada through the U.S. border, they may be sent back to the U.S. and will need to apply for asylum there if they do not qualify for the exception.
Legal Support and Considerations
Navigating the asylum process can be complex, and seeking legal counsel from organizations that assist refugees is often beneficial. Legal support can help asylum seekers present their case more effectively and increase their chances of being granted asylum. Organizations and nonprofits dedicated to assisting refugees provide essential resources, guidance, and representation.
Outcome and Next Steps
If the IRB determines that the asylum seeker meets the criteria for refugee status, they will be granted asylum and allowed to stay in Canada. If the application is denied, the asylum seeker may have the option to appeal the decision. Alternatively, they may be required to leave the country.
In conclusion, while entering Canada illegally does not automatically disqualify an asylum seeker from receiving protection, they must still meet the necessary legal requirements and navigate the asylum process effectively. Seeking legal support and understanding the implications of the Safe Third Country Agreement are crucial steps in the process.
Note: Entering Canada illegally through the U.S. border is the only feasible option. Illegally entering through other countries like Russia or Denmark would not be possible as they do not border Canada with open borders.