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A. How the Process WorksThe in-Canada refugee determination system is based on our international and domestic legal obligations, most notably the 1951 Convention Relating to the Status of Refugees and the Canadian Charter of Rights and Freedoms.This section provides a brief overview of how the refugee determination system works, how the Safe Third Country Agreement is applied, and the safeguards that are in place to ensure that high protection standards are maintained.
The following appendices are made available in PDF format. You will need the free Adobe Reader to read them.
Overall, the U.S. and Canadian governments find that implementation of the Agreement has been a success. It is being implemented effectively and the binational policy objectives are being met.
On November 16, 2006, the Department of Homeland Security issued a report on the first year of implementation of the U.S. - Canada Safe Third Country Agreement.The purpose of the review, published here, was to assess the operation of the Agreement in its first year. To prepare the report, the United States and Canada worked together in consultation with the United Nations High Commissioner for Refugees (UNHCR). The assessment by the UNHCR is reflected in its report, appended to the U.S. - Canada review. Non-governmental organizations in both countries were also consulted.
The Agreement between the Government of Canada and the Government of the United States of America for Co-operation in the Examination of Refugee Status Claims from Nationals of Third Countries (known as the Safe Third Country Agreement, hereafter “the Agreement") came into effect on December 29, 2004.
In December 2001, U.S. Attorney General John Ashcroft and Canadian Minister of Citizenship and Immigration Elinor Caplan issued a joint statement, committing their two governments to pursuing a Safe Third Country Agreement. Mr. Ashcroft and Ms. Caplan noted that:
“Cooperation between our two countries will enhance the orderly handling of refugee claims, strengthen the public confidence in the integrity of our asylum systems and help reduce abuse of refugee programs …”
The Agreement embodies the commitment made by both governments to more effectively share responsibility with respect to refugee claims. It is based on a mutual recognition that international cooperation is required to share the responsibility for refugee protection between countries, and builds on a strong history of Canada-U.S. bilateral cooperation on migration and refugee protection issues.
U.S. Citizenship and Immigration Services (USCIS) invited you to participate in a listening session on Tuesday,
Dec. 16, from 2–3p.m. (Eastern) to discuss a new website for U.S. workers called myE-Verify.
USCIS and the Department of Homeland Security, in consultation with the Department of State, has added the Czech Republic, Denmark, Madagascar, Portugal, and Sweden to the list of countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year.
U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2015. This marks the sixth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008.