Refugee Claimants - Frequently Asked Questions



OCASI, July 2018

Irregular entry is not illegal

Asylum seekers (in Canada use the term refugee claimant) have the legal right to cross the border and enter Canada to make a refugee claim. Asylum seekers are crossing irregularly – between ports of entry - but that is not illegal. They are doing so because the Safe Third Country Agreement (2004) between Canada and the United States requires Canada to send refugee claimants back to the U.S., with a few exceptions. The Safe Third Country Agreement applies only to refugee claims made at border crossings.

U.S. is not safe for refugees

The Safe Third Country Agreement is based on the assumption that the U.S. is a safe country for refugees. We believe the U.S. is not currently a safe place for refugee claimants given the present administration's anti-refugee and anti-Muslim policies and practices. Refugee claimants are making a refugee claim in Canada because in the US they fear being deported back to their countries of origin where they may face persecution or violence in one form or another.

Canada has international obligations

It is not illegal for people to flee persecution or to cross borders without documents to seek asylum. The Universal Declaration of Human Rights (Article 14) states that everyone has the right to seek and enjoy in other countries asylum from persecution. The 1951 UN Refugee Convention stated that refugees should not be penalized for their illegal entry or stay, and should not be returned to a country where they face serious threats to their life or freedom. Canada cannot close the border to people seeking refuge.

Refugees have the right to make a claim

The right to make a refugee claim is protected in Canadian law which builds on Canada's international obligations. The Supreme Court of Canada has ruled that the Charter of Rights and Freedoms guarantees the rights of refugee claimants to fundamental justice, and the right to an oral hearing of their claim. This is known as the 'Singh Decision' (April 4, 1985)

There is no queue for refugee claimants

People fleeing persecution have the legal right to make a refugee claim when they arrive at the border. This is the only process for people fleeing persecution and there is no queue. Having made a claim, refugee claimants may have to wait years to have their hearing. People fleeing persecution cannot be asked to wait and make an immigration application.

Refugee claimants don't take services away from Ontarians

Healthcare costs for refugee claimants are for the most part covered by the federal government. Refugee claimants are not eligible for provincial healthcare and many other provincial services. They can apply for social assistance. Housing costs are shared between federal, provincial and municipal governments. Toronto and many of the surrounding municipalities had housing challenges long before the current increase of refugee claimant arrivals. It is wrong to blame refugee claimants for Ontario's housing crisis.

Refugee claimants are not abusing Canada's generosity

Refugee claimants often risk their lives when they flee persecution and seek protection. Canada has a legal obligation to provide protection to refugees and to respect their rights under the Charter of Rights and Freedoms. It is not a matter of generosity. Canada has a history and strong tradition of social justice and human rights. We should not further victimize refugee claimants, who are among the most vulnerable in society.