TORONTO: Canada’s pandemic-era policy of turning back asylum-seekers trying to enter between official border crossings is unlawful and violates their rights, a legal action filed on Tuesday alleges.
The Canadian Association of Refugee Lawyers filed the legal action in federal court claiming the policy is unlawful because it fails to consider the situation of asylum-seekers and whether they have reasonable alternatives available.
The policy also denies asylum-seekers their right to a hearing, according to a copy of the legal action seen by Reuters.
It is the first legal action against this policy since it was instituted in response to COVID-19 in March 2020.
Exclusive: Canada taken to court over COVID policy that pushes asylum-seekers to U S
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EXCLUSIVE-Canada taken to court over COVID policy that pushes asylum-seekers to U S
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Exclusive-Canada taken to court over COVID policy that pushes asylum-seekers to U S
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Canada’s top court could be asked to rule if US safe for refugees Jillian Kestler-D Amours © A line of asylum seekers waiting to cross the Canada-US border near Champlain, New York, on August 6. A line of asylum seekers waiting to cross the Canada-US border near Champlain, New York, on August 6, 2017 [File: Geoff Robins/AFP]
Montreal, Canada – It was early April 2017 when Nedira Mustefa, an Ethiopian woman who had lived in the United States since childhood but did not hold immigration status, reached the Canadian border in search of protection.
After 30 hours of interrogation, Canadian officials turned her back, pointing to an agreement between the two neighbouring nations that allows Canada to summarily return most asylum seekers who arrive at its border from the US.