This site provides general legal information. This is not legal advice. The law that applies to people arriving at the Canada-United States border is complex. Every situation is different. We encourage you to seek legal advice. You can start by booking a free consultation with our staff lawyer to get legal advice about your situation.
Common Questions
What will happen if I am not eligible to make a claim at the Canadian border?
If you approach the border and do not meet an exception under the Safe Third Country Agreement (STCA), you will be sent back to the U.S. right away. You will not be able to make a refugee claim in Canada again.
Contact us for legal advice if you think that you were found ineligible incorrectly or if your circumstances have changed and you believe that you now meet an exception to the STCA.
Can I appeal the ineligibility decision?
You will receive a document explaining that you have 15 days to ask the Federal Court of Canada to review your decision. This is called applying for leave and judicial review. It is not the same as an appeal. It is difficult to find a lawyer and can be difficult to succeed with this type of application. You need legal advice.
If you believe you meet a Safe Third Country Agreement (STCA) exception and the decision was wrong, you can ask the Canada Border Services Agency (CBSA) to reconsider their decision. You should get a lawyer to do this. This is not a simple process.
Contact us for legal advice about your options after being found ineligible.
I was given an Exclusion Order. What does this mean?
If your refugee claim is found ineligible because you do not meet an exception to the Safe Third Country Agreement (STCA), you will receive a document that is called an Exclusion Order. This is a type of removal order and means you are being forced to leave right away. The order says that you cannot enter Canada for 1 year unless you get written permission from the Canadian government to return sooner. There are some situations where you might be able to return to Canada within the same year.
Contact us to get legal advice about your Exclusion Order.
What will happen to me if I am sent back to the U.S.?
It depends on your situation and your status in the U.S. If this happens to you, you should try to access legal support in the U.S.
You could be detained by U.S. immigration authorities if you are turned back at the border. This is why it is important that you get legal advice about your situation beforeyou approach the Canadian border.
If you are detained in the U.S., you can contact the United Nations High Commission for Refugees (UNHCR) detention hotline by dialing 566# from inside a detention facility. The hotline is open Monday, Wednesday and Friday from 2 p.m. to 5 p.m. Eastern Time.
