Question Period Note: Refugee Claims (Lacolle)

o Increases of number of asylum claims at the border crossing in Lacolle, Quebec.

 The Canada Border Services Agency (CBSA) works 24/7 to keep our border secure and this includes having a strong plan in place to process people securely and efficiently.

 The Government of Canada is closely monitoring migration patterns and a significant increase in asylum applications have been processed at the Saint-Bernard-de-Lacolle port of entry since the beginning of this year. However, this stands in contrast to a 40% reduction in asylum applications nationally over the same period.

 When asylum seekers arrive at a Canadian port of entry, CBSA officers determine whether they are admissible into Canada. For those arriving from the U.S. this includes determining whether they meet an exemption or exception to the Safe Third Country Agreement (STCA). Those who do not will be returned to the U.S.

 From January to August of this year, over 3,000 asylum claimants were removed to the U.S. for their ineligibility under the STCA.

The CBSA's role at ports of entry is to assess the admissibility of persons coming to Canada. All persons seeking entry to Canada must present to the CBSA and may be subject to a more in-depth examination. Admissibility of travellers is decided on a case-by-case basis and based on the information made available at the time of entry.

When a person makes a claim for refugee protection at a port of entry, the CBSA officers will conduct an examination – including an interview – to determine if the claim is eligible for referral to the Immigration and Refugee Board of Canada (IRB) Refugee Protection Division (RPD). Officers will consider all relevant information, including the claimant’s own statements and documentary evidence. The burden of proving that a claim is eligible to be referred rests on the claimant, as indicated in s.100(1.1) of the Immigration and Refugee Protection Act (IRPA).

It is important to note that CBSA officers do not make the final determination on refugee claims. While CBSA officers play a role in the initial stages of the process, the final decision on whether someone is granted refugee status rests with the IRB. The IRB provides asylum claimant data, including claims by country of alleged persecution and those claim outcomes. Additionally, you will find more data on asylum claimants processed by year on IRCC’s website.

As part of the eligibility determination, officers will determine if, on a balance of probabilities, evidence shows that the refugee claimant is subject to the STCA or Additional Protocol. If they are subject to it, not qualifying for an exception or exemption, then the officer will find the claim ineligible under Immigration and Refugee Protection Act’s (IRPA) s.101(1)(e) and the claimant will be reported as inadmissible, issued a removal order, and then removed back to the United States. The Immigration and Refugee Protection Regulations provides more information on the determination of eligibility of claim.

With this type of ineligibility, the removal order comes into force on the same day as the ineligibility determination and the individual is generally removed to the United States that same day. IRPA s.48(2) states that enforceable removal orders must be enforced as soon as possible. Upon removal to the United States, ineligible asylum claimants enter the care of U.S. Customs and Border Protection. The CBSA’s involvement ends when ineligible asylum claimants, upon removal to the United States, enter the care of U.S. Customs and Border Protection.

Canada reserves refugee protection for individuals who are forced to flee their countries because of a well-founded fear of persecution, or for individuals in need of protection. For example, refugees may face a danger of torture, death, or cruel and unusual treatment/punishment if they return to their home country. Foreign nationals who misrepresent their circumstances to claim asylum when there is no real risk of persecution are abusing Canada’s refugee system and delaying the processing of genuine refugees in need of protection. When the CBSA becomes aware of situations where there are possible violations of the IRPA, including fraudulent refugee claims, we investigate and take appropriate action.

If Pressed
Q1 – Safe Third Country Agreement
 The Canada-US Safe Third Country Agreement (STCA) is an effective tool which helps Canada manage refugee claims at the U.S. land border by requiring those who ask for refugee protection to do so in the first safe country they arrive in, unless they qualify for an exception or exemption.

 This prevents “asylum shopping” and keeps claim numbers at the border more manageable.

 The STCA Additional Protocol (AP), which came into effect in March 2023, closed a loophole by extending the agreement to the entire land border.

 The implementation of the AP has led to a significant reduction in irregular migration.

 From January 1 to August, 2025, 3,000 asylum claimants were removed to the U.S. for their ineligibility under the STCA.

 The STCA and its additional protocol are effective as they control where claims can be made, deter irregular migration, and support Canada and the U.S. in sharing responsibility for refugee protection.