Summary of Differences Between STCA and Five Eyes/IRPA s. 101(1)(c.1)

Safe Third Country Agreement	Five Eyes/IRPA s. 101(1)(c.1)
▶ Mainly determines who can make a claim at an official Port of Entry at the Canada-US land border	▶ Mainly determines who has access to the full Refugee Protection Division hearing process, versus a modified PRRA
▶ WHERE: Applies at Ports-of-Entry at the Canada-US land border	▶ WHERE: Applies to all people making refugee claims, or who have made refugee claims
▶ WHO: Applies to prohibit entry to anyone making a refugee claim at the border, unless they meet one of the exceptions	▶ WHO: Applies to anyone who has ever “made” (initiated) a refugee claim in the US, UK, Australia, or New Zealand
▶ Doesn’t matter if they made an asylum application in the US, only that they are traveling from there	▶ Doesn’t matter if they are traveling from the applicable countries, or how long ago they were there, or what that result was
▶ SOURCES: IRPA, s. 101(1)(e); IRPA Regulations, ss. 159.1, 159.2, 159.3, 159.4, 159.5, 159.6, 159.7; Safe Third Country Agreement	▶ SOURCES: IRPA, s. 101(1)(c.1); Canada, IRCC, “Agreements with other departments and governments”