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Safe Third Country Agreement Federal Court

by Simone / 16-12-2020
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The federal government argued that a contract ruling would result in an increase in refugee complaints, but the Federal Court of Justice contradicted and stated that the current refugee system could solve this problem. The Bundesgerichtshof suspended its cancellation declaration for a period of six months from 22 July, the date of the decision, in order to give Parliament sufficient time to decide. The organizations stated that the effects of the COVID 19 pandemic had led to a decrease in refugee applications and travel, so the federal government`s assertion that the refugee system was overburdened was speculative. The organizations also stated that the removal of the rules, which turned out to be a violation of the right to liberty and security of the person, would serve the public interest and prevent the detention of refugees in the United States. By accepting the government`s request, the court maintains the status quo at the border, which means that asylum seekers will continue to be returned to the United States. “Flexibility should, as far as possible, be granted because of the practical requirements of the extraordinary COVID 19 pandemic that we all know,” the Court of Appeal said. “The pandemic is hurting the effectiveness of the legislative process. The Federal Court of Justice`s six-month estimate for all the necessary legislation now seems unrealistic. At the Canadian Council for Refugees Against Canada (Immigration, Refugees and Citizenship), 2020 FC 770, the Federal Court of Justice ruled that Canada was violating Canada`s Charter rights of refugee claimants who are returned to the United States under the agreement, with immediate and inhumane conditions such as isolation, inadequate or inadequate food and frigid temperatures. The third-country nationals` security agreement, in force since 2004, means that asylum seekers must apply for refugees in the first “safe” country where they arrive. McDonald gave the government until the end of January to prepare for the break of the agreement because it understood that it was in the public interest not to terminate the agreement immediately. OTTAWA/TORONTO (Reuters) – A Canadian court on Wednesday struck down a bilateral pact that requires asylum seekers who want to enter Canada through the U.S.

border to first seek instability in the United States. Refugee lawyers who had been turned back at the Canadian border questioned the pact and said the United States was not considered “safe” under President Donald Trump. The government appealed McDonald`s decision and argued that there would be “irreparable harm” to the rule of law and the common good if the border agreement were overturned. The Canadian Refugee Council strongly opposes this agreement because the United States is not a safe country for all refugees. The CCR also denounces the objective and impact of reducing the number of refugees who can seek refuge in Canada. In her July 22 ruling, federal Judge Ann Marie McDonald said elements of the agreement violated the constitutional guarantee of life, liberty and security and suspended her decision for six months to give authorities time to adjust.

Full Stack Web Developer and Audio Engineer. Ha collaborato a diversi progetti con l'Istituto Nazionale di Fisica Nucleare (INFN-LNF) e un progetto sulle reti neurali in compartecipazione con: Università di Roma Tor Vergata, Centro di Tecnologia Biomedica di Madrid, Università Complutense e Politecnico di Madrid.





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