What if somebody is ineligible to apply for asylum in Canada based on the fact that he already has a pending asylum claim in the United States; but if he is scared under Trump's ongoing mass deportation plan of not getting a fair chance of hearing while he falls under one of the exceptions under the Safe 3rd Country Agreement, can he still apply for asylum at Canadian border from the United States under that exception and does that still make him eligible under the exception?
If you had experience in the same sort of situation, please share your experience and guide me accordingly. Thanks
What if somebody is ineligible to apply for asylum in Canada based on the fact that he already has a pending asylum claim in the United States; but if he is scared under Trump's ongoing mass deportation plan of not getting a fair chance of hearing while he falls under one of the exceptions under the Safe 3rd Country Agreement, can he still apply for asylum at Canadian border from the United States under that exception and does that still make him eligible under the exception?
If you had experience in the same sort of situation, please share your experience and guide me accordingly. Thanks
Not possible. There will likely be some who challenge this is court but in general Marc Miller/IRCC has stressed he still feels that US is a safe country. It is also unclear whether Trump will actually attempt to deport asylum seekers given they do have legal status to remain in the US until their hearing. By the time many applications are processed the US may have another president. The processing backlogs are many years in most locations.
What if somebody is ineligible to apply for asylum in Canada based on the fact that he already has a pending asylum claim in the United States; but if he is scared under Trump's ongoing mass deportation plan of not getting a fair chance of hearing while he falls under one of the exceptions under the Safe 3rd Country Agreement, can he still apply for asylum at Canadian border from the United States under that exception and does that still make him eligible under the exception?
If you had experience in the same sort of situation, please share your experience and guide me accordingly. Thanks
What if somebody is ineligible to apply for asylum in Canada based on the fact that he already has a pending asylum claim in the United States; but if he is scared under Trump's ongoing mass deportation plan of not getting a fair chance of hearing while he falls under one of the exceptions under the Safe 3rd Country Agreement, can he still apply for asylum at Canadian border from the United States under that exception and does that still make him eligible under the exception?
If you had experience in the same sort of situation, please share your experience and guide me accordingly. Thanks
Not getting fair chance of hearing= Speculation. ( What makes you think that "somebody" will not get fair hearing in USA and or you will get fair one in Canada? This does not fall under exception under Safe 3rd Country
If, as you've said, you fall under the exceptions to the STCA, you won't be barred from making a claim under the STCA (in accordance with section 101(1)(e) of the Immigration and Refugee Protection Act).
However, since you've made a claim for refugee protection in the United States, you're ineligible to make a claim in Canada under a separate provision of the Immigration and Refugee Protection Act (namely section 101(1)(c.1)).
