Government of Canada to appeal the Federal Court decision on the Safe Third Country Agreement

Date Announced:

August 21, 2020

Overview:

On July 22, 2020, the Federal Court of Canada released its decision in the case of Canadian Council for Refugees v. Canada (Immigration, Refugees and Citizenship), 2020 FC 770. The Court ruled in favour of the applicants; however, it has suspended its declaration of the invalidity of the Safe Third Country Agreement (STCA) for a period of 6 months, during which time the STCA will remain in effect. Today, the Government of Canada filed an appeal to the Federal Court of Appeal as it has assessed that there are factual and legal errors in some of the Federal Court’s key findings. There are important legal principles to be determined in this case, and it is the responsibility of the Government of Canada to appeal to ensure clarity on the legal framework governing asylum law.

Departments and Agencies:

Public Safety Canada

Type of Administrative Action:

Immigration Category:

Refugee claimants

Keywords:

Safe Third Country Agreement (STCA) | United States

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