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Some people are not eligible
Some people are not eligible to claim refugee protection in Canada. You cannot apply if:
you have been recognized as a Convention refugee by another country to which you can still return;
you have already been granted status as a protected person under the Immigration and Refugee Protection Act or its regulations, but have had your protected status removed;
you arrived in Canada, directly or indirectly, from the United States and must comply with the Safe Third Country Agreement (see below);
you are not eligible to enter Canada because of security, criminal activity, or human rights violations;
you have had a previous refugee protection claim rejected by the Immigration and Refugee Board (IRB);
you made a previous claim for refugee protection and your claim was found to be ineligible on security or other grounds; or
you started a previous claim, but you abandoned or withdrew it.
Safe Third Country Agreement
Under an agreement with the United States, refugee claimants must seek asylum (protection) in the first safe country where they arrive. For example, if you entered Canada at a land border from the United States, you will not be able to claim refugee protection in Canada. Sometimes there are exceptions (such as those who already have family in Canada). You can find more information about the Safe Third Country Agreement in the Related Links section at the bottom of this page.
Immigration and Refugee Board of Canada
If you are found eligible to claim protection as a refugee, your claim will be referred to the Refugee Protection Division of the IRB. The IRB is an independent body that makes decisions on immigration and refugee matters in Canada.
You can find more information about the IRB in the Related Links section at the bottom of this page.
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Related Links
Safe Third Country Agreement
Immigration and Refugee Board of Canada
Date Modified: 2007-03-31
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