Asylum Determination Process: A Comparative Study of the United States and Canada

Canada and the United States, two of the largest countries on earth that proudly welcome immigrants, have long been major actors in the international refugee protection system. Canada has a long history of providing humanitarian aid and, in particular, defending refugees. However, both countries have recently backtracked on their previous protection obligations by placing a higher priority on law enforcement and reducing their commitments to civil liberties and refugee protection as a result. These trends have accelerated since September 11, 2001. This article will provide an overview of and comparison of the asylum decision processes in Canada and the United States, paying special emphasis to the non-entrée measures used by both nations to prevent or even forbid potential asylum seekers from submitting claims on their territory. It will highlight regretful alterations to the agendas of both countries. The article shall further contrast the measures that the two nations have implemented on a few particular asylum difficulties at the same, stressing their various detention practices and their growing readiness to cooperate on a regional level. The asylum procedure in Canada will be discussed first, with a focus on the new procedural limitations. Following that, we will repeat the process for the US and highlight some of the parallels and discrepancies between both systems. Finally, we will look at some of the more significant Canada-United States joint ventures, including the most recent "safe third country" arrangement between the two countries.