Applying For Asylum In The US, Canada and Australia

Amy Smith / 5 min read
Contrary to popular belief, asylum seeking and applying for refugee status in a variety of countries is not a free ticket of entry and doing so illegally, particularly if your claim is unfounded can face imprisonment, deportation and harsh sentences to preserve the integrity of international borders.
Contrary to popular belief, asylum seeking and applying for refugee status in a variety of countries is not a free ticket of entry and doing so illegally, particularly if your claim is unfounded can face imprisonment, deportation and harsh sentences to preserve the integrity of international borders.

However, for those looking to flee from dangerous or oppressive conditions in their own countries, applying for asylum can help them create a better life, free of fear. Here’s how the process works in Canada, the US and Australia.

Canada
Canada identifies two types of refugees:

Convention Refugee – Who are not able to return to their home country for fear of safety and persecution, currently staying outside of it. This could be based on; political beliefs, race, nationality, gender, sexual orientation, religion.

Person Needing Protection – Those fleeing from their own country who cannot return for feat or; torture, life endangerment, cruel treatment or punishment.

These claims can be made at an entry port or internally at the CBSA or IRCC offices. Factors including: criminal offences, previous unsuccessful claims and alternate country protection can all affect the proceedings and the outcome.

Traditional refugee claims take around 60 days to process and reach a decision but those from Designated Countries of Origin will have theirs dealt with quicker (between 30-45 days). These countries are considered generally safe, offering state protections and respecting human rights laws meaning that unfounded claimants are quickly sent home while those in need of true protection can get it quickly. Here is a list of designated countries.

Australia
Asylum seekers can arrive in Australia without visas and papers if fear or threat on their lives and apply for asylum when they arrive. However, during the entire process you must remain in the immigration detention for however long this takes (there is not set guidelines for the length of times they can keep you.) From here you will either be required to leave the country or granted protection.

US
There is a differentiation between asylum and refugee in the US based only on where you apply, the country and reasons for application but they are interchangeable past this point. You are eligible as long as you have genuine fear for your safety and:

You apply at an airport, border-crossing or seaport (or other port-of-entry)
Apply within 1 year of arrival (in extraordinary circumstances this could be waived)
You can apply if you entered illegally as long as you satisfy the criteria of “refugee”
There is an agreement between the US and Canada that states asylum seekers must apply to whichever safe country they enter first. If this is at the Canadian/US borders you must apply to whichever country you arrived in, you will not be permitted to cross from one to the other.

All cases can be helped if they are genuine and the correct procedures are followed. It is important you show respect for the system and this looks upon you favorably as you show respect for the country you are hoping to seek protection from. Each case is worked on specifically so every situation is different making it hard to identify what is more likely to make is successful.

In the event your case is denied you will generally be required to go home to your country of origin, or alternatively you can apply for a visa in whichever country you are in, however this could also be denied. It is important to note that unfounded asylum claims can lead to jail time and quick deportation for those who abuse the system as well as hurting your chances for being accepted into the country in the future.


Tags: Refugee seekers Canada. Apply as a refugee. Visiting to apply as refugee. Canada Asylum. US Asylum. Australia Asylum. Migration Brokers Asylum. Canada Immigration.

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