The court upheld the Canadian government, which is defending the agreement to return asylum seekers.
A Canadian appeals court on Thursday overturned a Canada-US agreement to repatriate asylum seekers. Lower court judgment, On behalf of the federal government and potentially set up a showdown of the Supreme Court.
The Canadian government launched an appeal in favor of the agreement and defending immigration detention procedures in the United States. Canada argued that the agreement was necessary to manage its borders with the United States.
The key issue was the Safe Third Country Agreement (STCA), an agreement signed in 2002 that deals with the repatriation and repatriation of asylum seekers who try to cross the official border between Canada and the United States. Certificate
The ruling on Thursday said the agreement itself could not violate claimants’ rights, but reviewed the United States as a “safe” country as well as “related administrative conduct.”
The challenge should have been centered on this verdict, although the government has kept them secret.
The judgment further stated that the experience of the ten asylum seekers cited was not sufficient to make a decision about the U.S. immigration detention system and possible rights violations.
This is a problematic hurdle, said Jamie Choi Yu Yu Liu, a professor in the Department of Immigration Law at the University of Ottawa, adding that the verdict and the continuity of the agreement have created a reputation for Canada as a refugee champion.
“It undermines our commitment to refugee protection and our reputation for upholding the rights of refugees,” he said.
The Canadian government argued that there could be “irreparable damage” if the agreement was rescinded and asylum seekers were able to cross the land-border to file refugee claims.
“[The] The government said in a statement on Thursday that the STCA remains a broad way to handle the assistant’s demands sympathetically, fairly and in an orderly manner.
Lawyers for refugees can apply for a hearing in the Supreme Court of Canada.
Last year, a federal court ruled that the agreement violated asylum seekers’ lives, liberties and individual protections because those who returned could have their immigration blocked and locked indefinitely.
Refugee lawyers also argued that people trying to claim asylum may be as acceptable in Canada as they are at risk of being sent back to their countries of origin in the United States on the basis of gender-based discrimination.
During the administration of former US President Donald Trump, thousands of asylum seekers migrated to Canada through the STCA skirt entry port, which only applies to crossing official borders.
Following the advent of COID-19, Canada has a policy of returning asylum seekers trying to cross irregularly. Although not tracking what happened to them, at least a dozen U.S. immigrants were stranded and at least one was deported.