A refugee claim is not eligible for referral to the Refugee Protection Division if the claimant came directly or indirectly to Canada from a country designated in the regulations that is not the country of their nationality or their former habitual residence.
Canada entered into an agreement with the United States (US) that came into effect on December 29, 2004, and is referred to as the Safe Third Country Agreement STCA.
The agreement allows for the return to the US of persons who arrive in Canada from the US (and vice versa), and who seek refugee protection, unless the person can satisfy an officer, on a balance of probabilities, that an exception to the agreement applies.
