Safe Third Country Agreement D

Ahmed Hussen, speaking as Canada`s Minister of the IRCC, said the terms of the agreement on the security of third-country nationals are still being respected. The ruling Liberal Party of Canada has not indicated any plans or intentions to suspend the agreement. [21] A safe third country must provide asylum seekers with proper security and procedures. The legitimacy of potential agreements on safe third-country nationals between the United States and Mexico and Guatemala depends not only on international human rights law, but also on U.S. legal standards. Complaints to the Inter-American Commission on Human Rights, appeals to the Office of the United Nations High Commissioner for Refugees and other measures to international bodies can shed significant international light on the abuse of asylum seekers. But with a government clearly immune to international “name and hypocrisy,” supporters could be on firmer ground by using U.S. courts to test the legality of a designation for safe third countries. In addition to meeting the exemption criteria under the agreement, applicants must meet all other eligibility criteria for immigration legislation for the country in which they apply for status. Although refugees entering Canada at official border crossings are generally returned to the United States, they would not be returned if they crossed at locations between designated ports of entry; In this case, their demands will be heard and many immigration experts see it as a loophole within the agreement.

[6] [7] According to its wording, the concept of a safe third country applies only to German (constitutional) asylum, but the Federal Constitutional Court found in a pioneering decision in 1996 that its scope was extended to the protection of refugees and other forms of protection. [2] As a result, asylum seekers may be returned to safe third countries without consideration of an asylum application or an international or national protection application. Today, the concept of safe third-country nationals has its main effect on land borders. [3] The Federal Police refuse entry if a foreigner who has entered a safe third country seeks asylum at the border. In addition, the Federal Police immediately opens deportation to a safe third country when an asylum seeker is apprehended at the border without the necessary documents. [4] Asylum applications cannot be accepted by the Federal Police or referred to the relevant authority if entry is refused, unless it is found that Germany has jurisdiction over the processing of the asylum procedure on the basis of EU law, for example. B because Germany has issued a visa. In practice, the provisions allowing the federal police to return asylum seekers to the border have been largely ineffective for many years.

This is because there have been no systematic checks at land borders and that, in principle, the return of asylum seekers can only be done under the Dublin Regulation. In 2018, however, a new procedure was put in place, allowing the federal police to refuse entry to the border. This procedure is based only on administrative provisions and agreements with Spain and Greece (i.e. no legislative changes have been implemented). It is only applied at the Austro-German border, as it is the only border to which controls are currently in force. The Immigration and Refugee Protection Act (IRPA) requires ongoing review of all countries designated as safe third countries.

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