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Contesting the Designation of the US as a Safe Third Country

19 May 2017

He found that the United States’ resort to expedited removals and detention, taken in conjunction with other factors meant that the Governor in Council’s designation of the United States as a safe country was unreasonable and the regulations giving effect to the STCA were ultra vires for failing to meet conditions in s. 102 of the IRPA. [...] These factors include the third state’s respect for human rights, the lack of real risk of deportation to another state where effective protection is unavailable, the existence of fair and efficient refugee determination procedures, the provision of sufficient means of subsistence, and the taking into account of “special vulnerabilities of the person concerned” and maintenance of the “privacy inte [...] With the election of Donald Trump to the presidency of the United States, the threat to asylum- seekers in the United States is more acute than ever, and a number of Canadian and American civil society organizations have called for the immediate suspension of the STCA.26 Much public 22 Ibid at para 123. [...] The authors worried that “differences in operation assumptions and procedures in the different Asylum Offices caused these variations.”56 US courts have generally applied the one-year bar in an exceedingly rigid manner, in effect depriving the exceptions to the one-year bar of much of their ability to mitigate the deficiencies of this policy. [...] The lesson plan also suggested that the individual must provide evidence, in effect confounding the credible fear interview with a full asylum interview.129 Six months after the introduction of the lesson plan, the percentage of credible fear interviewees permitted the chance to apply for asylum dropped from 83 to 63 percent.130 The UN Committee against Torture noted its concern with the revised i
health human rights government politics international law asylum seekers criminal law detention centres executive orders immigration law refoulement asylum seeker human activities asylum-seekers society court judiciary immigration detention contemporary migrations canada–united states safe third country agreement expedited removal immigration and customs enforcement executive order 13769 us border credible fear
Pages
52
Published in
Montreal, QC, CA

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