Asylum Claimants
Date: November 9, 2020
Classification: Unclassified
Branch/Agency: IEB/CBSA
Proposed Response:
- The integrity of the border is a shared responsibility between the CBSA and the RCMP.
- The CBSA processes asylum claimants at any designated CBSA port of entry (POE) or inland at an IRCC office, regardless of whether they entered at a designated POE or not.
- 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), which came into effect on September 20, 2020, stipulates that individuals who are travelling to Canada for the purpose of making a claim for refugee protection may be directed back to the U.S. during this public health crisis.
- The OIC maintains 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.
- Budget 2019 invested $1.18B to nearly double the capacity of Canada’s asylum system over the next five years, including additional resources to manage effectively the influx of irregular migrants across Canada’s border. Of this amount, the CBSA received $382M over 5 years and $7.3M ongoing.
- These funds have been used by several federals partners, notably; CBSA, RCMP, IRCC, IRB and the Department of Justice, to ensure the safety and security of Canadians and respects the Government of Canada’s legal and international obligations regarding the processing of asylum claimants.
- The CBSA has utilized funding to increase refugee claim processing, security screening, detention and removals efforts in order to manage the influx experienced between ports of entry and at the ports of entry.
- In the Supplementary Estimates (B), 2020-21, the CBSA has requested:
- $6.0 million to support Budget 2019 Measure: Enhancing Integrity of Canada's Borders and Asylum System. This funding would allow for IT system changes to ensure that the CBSA’s case management systems reflect recent changes to Canada’s immigration laws.
- A reallocation of $5.2 million from operating expenditures (Vote 1) to capital funds (Vote 5) as part of the Agency's Infrastructure Normalization Strategy related to irregular migration in Saint-Bernard-de-Lacolle (QC) and Vancouver (BC).
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 (IRCC) or PHAC.
If pressed on the obligation to monitor conditions in the U.S.:
- The Immigration and Refugee Protection Act (IRPA) requires Immigration, Refugees and Citizenship Canada (IRCC) to continually monitor prescribed factors with respect to the designation of the U.S. as a safe third country.
- Canada monitors circumstances in the U.S. on a continuing basis according to these factors. A robust framework is used to monitor developments in the U.S. and the impact that changes in policies and practices may carry with respect to the integrity of the country’s refugee protection system.
- IRCC draws from a variety of sources in conducting its review, including U.S. Government reporting, the outcomes of U.S. court decisions, and input from the UN Refugee Agency and civil society stakeholders and other experts.
Asylum Claimants
Background:
Border security and integrity is a shared mandate between the CBSA and the Royal Canadian Mounted Police (RCMP). The CBSA is responsible for enforcement at designated ports of entry (POEs) in Canada, while the RCMP is responsible for enforcement between POEs. Likewise, preserving the integrity of the immigration system is a shared mandate between the CBSA and Immigration, Refugees and Citizenship Canada (IRCC). Together, the CBSA and IRCC administer the Immigration and Refugee Protection Act (IRPA), which governs both the admissibility of people into Canada, and the identification, detention and removal of those deemed to be inadmissible under the Act.
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.
Since the appearance of COVID-19, additional procedures have been implemented by the CBSA, including 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 32, came into force on October 30, 2020 with an expiry date of November 30, 2020. This order replaces a previous order (OIC 28).
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, are issued direct-backs by an officer that are 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.
As of September 2020, the CBSA and IRCC have processed 7,797 claims during fiscal year 2020/21, compared to 80,390 claims in fiscal year 2019/20.
Contacts:
Approved by: Scott Harris, Vice President, Intelligence and Enforcement Branch
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