The Canadian government is appealing a recent Federal Court of Canada decision concerning the ability of refugee claimants already in the USA to commence refugee claims in Canada. As a result of a stay of the decision pending the outcome of the appeal, persons currently in the USA are prohibited from commencing refugee claims in Canada. The Canadian and American governments passed legislation preventing persons in one of the two countries from applying for refugee status in the other, believing that the legislation would prevent an abuse of the refugee system. Opponents of the legislation in Canada seek to enable persons who are in the USA or whose refugee claim in the USA has been refused, to commence a refugee claim in Canada. The Federal Court of Appeal has a thorny issue to resolve as it will have great implications on Canadian immigration procedure.

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