What Does A Safe Third Country Agreement Entail

NPR`s Mary Louise Kelly speaks with Sarah Pierce of the Migration Policy Institute about what such a “safe third country agreement” between the United States and Mexico would mean. The principle of family reunification should go beyond such an agreement and the applicant`s right to legal assistance should be enshrined. Persons returned to either country should not be detained unless they pose a threat to safety or the public, and children should be detained only as a last resort. Discretionary awareness should be used to allow the following individuals to be admitted to Canada for identification purposes: applicants who are less likely to be accepted in the other country, including those who have an application for identification; survivors of torture; persons who would be detained upon their return to the other country; applicants with special physical or mental health needs; people who do not have support opportunities in either country; people who have ties to the country, including language ties that help with integration; Persons who are not allowed to make a claim in the other country. The system should be respectful and accountable to the people it serves. Applicants must be treated in accordance with human rights standards and international refugee protection principles by the host country. After the sending State has taken a decision (in accordance with the ECRE) on the return of an asylum seeker to another State, it should inform the applicant of the decision “in a language he or she understands”, give the applicant the opportunity to challenge the decision before an independent body and a document demonstrating that the asylum application has not been examined on the merits; but was rejected solely on third-country grounds. SARAH PIERCE: So there`s not a single agency that has to make that decision. There is not much international infrastructure to complain that a country is safe when it is not really safe. We have an International Court of Justice. But I don`t know which country would have the right to oppose an agreement between the United States and Mexico. And I don`t know which country would do that. KELLY: Although from the Trump administration`s point of view, this is considered a victory? The Safe Third Country Agreement applies to refugee claimants who wish to enter Canada or the United States at Land Border Crossings between Canada and the United States (including rail).

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