On June 27, 2008, the Federal Court of Appeal ruled that the Safe Third Country Agreement between Canada and the USA is a legal agreement which consequently remains in effect.  This means that anyone first arriving in the USA who wishes to claim asylum must do so in the USA and will not be allowed to make a refugee claim in Canada.  The policy behind the agreement is to prevent forum shopping, that is, to prevent persons who intend to make a refugee claim from waiting until they arrive in the most desirable country to commence the refugee claim.  A person in need of protection is expected to request protection at the earliest opportunity once in any country that can provide safety from the agents of persecution that the refugee claimant is fleeing.

Immigrating to Canada? Visit www.akcanada.com for more information or a free assessment.