IMPORTANT UPDATE - FAQs
December 13, 2007
WHERE MUST REFUGEE CLAIMANTS BE IN ORDER TO MAKE A REFUGEE CLAIM AT THE CANADIAN BORDER?
This information is for persons in the United States who are legally eligible to ask for protection at the Canadian Border. You must demonstrate that you have a VALID claim to ask for protection. You must be presently in the USA.
WHO CAN MAKE A CLAIM AT THE CANADIAN BORDER?
This process is for persons who fear persecution in their home countries and would like to ask for refugee protection under the UN convention. Due to a December 2004 agreement called the "Safe Third Country Agreement" (STCA) signed between Canada and the USA very few persons are eligible to ask for protection at the land border between the U.S. and Canada. There are some exceptions to this agreement. One exception is those who come from "Moratoria Countries." If you do not come from one of these countries
you may still be able to enter Canada to make a refugee claim if you have a qualifying relative in Canada.
WHAT MAY I BRING TO CANADA?
You may bring your possessions with you into Canada. You may be charged a customs tax for items which have a resellable value (computers etc..) and you will have to pay a tax and registration fee if you plan on bringing your car. Otherwise you should contact CIC Customs for more information. All of your possessions will be searched.
WHAT BENEFITS DO I RECEIVE AS A REFUGEE CLAIMANT?
During the time you are in Canada you will be eligible for social services which includes welfare, health care, and (potentially) legal assistance with your case. In addition you will receive permission to work approximately 6 weeks after your entry. You may also go to school.
WHAT ARE THE APPROXIMATE TIMELINES?
Approximately six months to one year after your entry into Canada, you will go before a judge at the Immigration Refugee Board at which time it will be determined whether you qualify as a refugee and therefore warrant protection. If you win you may remain in Canada. If you lose you will be ordered to leave Canada.
WHERE DO I MAKE A REFUGEE CLAIM?
There are Canada Border Services Agencies (CBSA) at several cities along the U.S. - Canada Border. Refugee claimants should go the office CLOSEST to them. On the Canadian website there is a list and a map of every CBSA office which offers immigration services. Each may have their own procedures to follow, so you should call the CBSA nearest you to ask how to make a claim.
WHAT ARE THE POTENTIAL RISKS?
There are several risks to refugee claimants. If you are determined to be ineligible to enter Canada to make a claim, you will immediately be escorted back to U.S. Immigration officials and if you are out of status in the U.S. you can likely be detained and deported to your home country. Even if you are eligible to make a claim in Canada, you may have to wait for hours or days for a CBSA officer to interview you. If you need an interpreter, you may have to wait for an official Canadian interpreter to be found. You may have to wait in a Canadian detention facility until an officer can interview you.
You should look on the official website of the Government of Canada for the most accurate information about the refugee process: www.cic.gc.ca
Good Luck
QUICK LINKS FOR FREEDOM HOUSE SITE
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