Options to Applying for Refugee Status: Applying from Inside, Outside, and at the Border of Canada
Overview
You might also be lost in the myriad of seemingly contradictory information about whether it's possible to immigrate to Canada as a political refugee fleeing persecution. To clear up any and all information and make it available and wide-spread in our global community, I’ve laid out the factors involved in obtaining refugee status in Canada and potential risks that you'll need to avoid. All information will be cite-able in a bibliography below.
I’ll release further information on preparing for application, processing, and post-admission resources in later posts. For now, here is a detailed explanation of applying for refugee status in Canada, why you are currently ineligible to apply for refugee status at the border, and alternative routes to obtaining refugee status into Canada.
Applying for Refugee Status at the Border
The Third Safe Country Agreement (TSCA)
Currently, as of February 8, 2025, US citizens are not eligible to apply for refugee status at the border unless they qualify for a legal exemption or exception.
The "Third Safe Country Agreement" is an agreement between Canada and the United States in coordinating refugees to our countries.(1) Under this agreement, applicants are required to appeal for refugee status in the first safe country they arrive in.(1) The USA is considered "Safe" as of today’s date, Feb. 8, 2025.(1) This, in effect, removes the ability of American refugees fleeing persecution in the current political crisis from applying for refugee status anywhere along the land border including across bodies of water.(2) This was expanded to include all ports of entry including airports, docks, and places in between designated ports of entry.(7) As of the date of this post, It is the Canadian border policy, under the STCA, that applicants attempting to request refugee status at the border or ports of entry will be returned to the States, this includes US citizens.(2)
This means all US citizens attempting to flee persecution due to the current political crisis will be returned to the states, unless the applicant falls under an exemption or exception to the agreement!
Current Challenges to the Safe Third Country Designation
An organization called the "Rainbow Railroad" is currently fighting to petition the IRCC (Immigration, Refugees, and Citizenship Canada) to make an emergency exception for trans people from the USA.(3)
Exemptions and Exceptions
There are Several Exceptions and Exemptions to the "Safe Third Country Agreeement" that an applicant might be eligible for in order to make a Refugee request at the border.
(further elaboration required)
Applying for Refugee Status from Within Canada
Important! An applicant can still apply for refugee status from within Canada, after legally crossing the border, but that exempts anyone who’s passport and documentation are missing or have been seized.
In order to qualify for refugee status once you have legally entered Canada, the applicant:
- Cannot be recognized as a convention refugee in another country you can safely return to
- Cannot already have protected person status in Canada
- Cannot have made a refugee claim in another country
- Cannot be inadmissible to Canada on security grounds or because of criminal activity or human rights violations
- Cannot have made a previous refugee claim in Canada that was determined to be ineligible
- Cannot have made a previous refugee claim in Canada that was rejected, abandoned, or withdrawn.
- Cannot have entered Canada from the U.S. along the land border (2)
Once they have been determined not to fall under these factors, the IRCC then forwards the application to the IRB (Immigration and Refugee Board of Canada) for a hearing to determine if the candidate is eligible for consideration as a Convention Refugee or a Person in Need of Protection.(2)
Convention Refugee Status
Applicants applying as a Convention Refugee must be able to reasonably assert that being returned to their home country or country they usually reside would result in persecution due to their :
- Race
- Religion
- Political Opinions
- Nationality
- Classification as part of a group, such as women or people of a particular sexual orientation.(2)
Since 2024, Gender orientation and Sex classification have been included under the category of protected classes in the Canadian Charter of Rights and Freedoms. This would be similar to the United States having gender and sexual minorities as a protected class under an amendment in the Constitution.(5)
Person in Need of Protection Status
Applicants applying as a Person in Need of Protection must be able to assert a reasonable fear of:
- Persecution
- Danger of torture
- Risk of Death
- Risk of cruel treatment or punishment
If the IRB determines you to be ineligible for classification under either of these two categories, or if your claim is abandoned, or they have accepted a request to withdraw your application you will be referred for removal from Canada.(2)
If you abandon or withdraw your claim, you will not be able to apply for a refugee assessment in the future.(4)
Applying for Refugee Status from Outside of Canada
Government-Assisted Refugee Program (GAR) and Third Party Referral
Individuals applying for refugee status from outside of Canada must go through the Government-Assisted Refugee Program. (6) Through this program, the applicant is sponsored by a third party organization such as:
- Rainbow Railroad
- UNHCR
- Front line defenders, who will then refer you to the UNHCR.(6)
- Private Sponsorship (For clarity and brevity, I’ll expand on this in another post. Including who can sponsor, how to form a sponsorship group, and how it works)(8)
This is because the government relies on independent organizations to verify the need for refugee assistance when refugee status is requested from abroad. With this program, you would be eligible for subsidized assistance from the government to while you settle for up to one year or until you can support yourself, whatever comes first.(6)
Human Rights Defenders Stream
The government has created a Human Rights Defenders stream of the program to guarantee the resettling of 250 individuals and their families per year. The UNHCR must refer you to this program.(6)
Additional Cautions
Caution! Rainbow Railroad and the UNHCR have the ability to apply for refugee status online on their websites, but reports indicate that at least the "Rainbow Railroad" is already overwhelmed with claims from everywhere else in the world and I can imagine that the UNHCR is the same. (citation needed)
Updates will be coming soon for how to prepare for application for refugee status, what alternatives there are in private sponsorship, and what to expect when applying. Stay safe! We’re fighting for you!
Find more Canadian refugee services
Find more Canadian immigration services
Third Party Sponsorship Resources
https://www.rainbowrailroad.org/
Bibliography
2. https://www.canada.ca/en/immigration-refugees-citizenship/services/asylum/in-canada/eligibility.html
4. https://www.canada.ca/en/immigration-refugees-citizenship/services/asylum/border/eligibility.html
5. https://laws-lois.justice.gc.ca/eng/acts/h-6/section-3.html