Asylum Claimants
Date: April 27, 2020
Classification: Unclassified
Branch / Agency: IEB/CBSA
Proposed Response:
- Now is not the time to be crossing the border to claim asylum as there continues to be a public health prohibition in place to limit cross-border travel in order to limit the spread of COVID-19 in Canada.
- The Government of Canada has an agreement with the U.S. regarding the direct back of any foreign national seeking to enter the country between ports of entry during this pandemic.
- A revised Order in Council (OIC) that came into effect on April 22, 2020, stipulates that individuals who are travelling to Canada for non-essential purposes must be directed back to the U.S. during this public health crisis.
- This new OIC, however, carves out various exemptions for certain asylum claimants including: persons seeking to enter Canada at a land port of entry to claim asylum and who meet an exemption in the Safe Third Country Agreement,including citizens of the U.S.; unaccompanied minors; and stateless habitual residents of the U.S. All other persons will be directed back to the U.S. until the public health order is lifted.
- Every person seeking to enter Canada is being screened for COVID-19 and any other health issues regardless of how they enter Canada (i.e. at ports of entry or between ports of entry).
- The CBSA continues to screen asylum claimants for potential signs of illness as per standard process.
- If an individual is symptomatic, they are referred to the Public Health Agency of Canada (PHAC) for further examination.
If pressed:
If an individual is asymptomatic and requires accommodations for the 14 day isolation or quarantine period, they will be transferred to the care of Immigration Refugees and Citizenship Canada or PHAC.
Background:
Starting in 2017, Canada began to experience an increase in the movement of asylum seekers crossing in between the ports of entry (POE) in the Quebec Region, more precisely at Roxham Road. In 2018 and 2019, daily arrival average between POE remained consistent at 50 asylum seekers.
As per normal processes, once asylum seekers are processed by the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA), they are transported by bus to temporary shelters in Montreal (YMCA Montréal) where they remain for an average of 45 days until they are able to find long-term housing. These services are offered by the Government of Quebec and federal funding has been provided to the province under the Interim Housing Assistance Program (IHAP).
Since the appearance of COVID-19, procedures have been implemented by the CBSA, including additional screening questions and the distribution of a Public Health Agency of Canada (PHAC) COVID-19 awareness handout.
The new Order in Council (OIC) entitled “Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)”, commonly referred to as OIC 11, came into force on April 22, 2020 with an expiry date of May 21, 2020. This order replaces a previous order (OIC 9).
The OIC supports Canada’s continued focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country. In consideration of Canada’s international obligations with respect to non-refoulement, the OIC also supports the continued application of the Safe Third Country Agreement (STCA) and thereby allows the resumption of asylum claim processing at designated land ports of entry in accordance with applicable provisions of the Immigration and Refugee Protection Act. This means that those that meet one of narrow exceptions will be permitted to enter and make an application for refugee protection. The OIC does not lift the prohibition on entry for the purpose of making a refugee claim at any other location, including airports, marine ports, and between official ports of entry. Moreover, the OIC contains a new authority whereby the Minister of Public Safety and Emergency Preparedness or the Minister of Immigration, Refugees and Citizenship, may exempt an individual from the prohibition on entry for the purpose of making an asylum claim where it is determined to be in the national or public interest “while recognizing the paramount public health interests of Canada and Canadians.”
Foreign nationals, including refugee claimants issued direct-backs by an officer would be valid for the duration of the period outlined in the emergency order or regulation. Once the emergency order is lifted, all foreign nationals who initiated a refugee claim and were directed back will be permitted to return to Canada for the continuation of their processing.
The CBSA has established an external website to provide information to any asylum seeker who has been directed back to the U.S.
Statistics* related to Asylum Seekers:
- Individuals directed back
- Total since OIC on March 21: 8
- April 19-23: 0
- Individuals who met an exception under the Order:
- Total since OIC on March 21: 2
- April 19-23: 1
- Individuals who met STCA exception:
- Total since OIC on March 21: 0
- April 19-23: 0
- Claims accepted (treated as Inland Case):
- Total since OIC on March 21: 7
- April 19-23: 5
*Data includes daily verified reporting via the Border Operations Centre, Asylum Seeker Task Force, and reports on new regulatory amendments R41(d).
Contacts:
Approved by: Jacques Cloutier, Vice President, Intelligence and Enforcement Branch, [REDACTED]
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