Asylum to Canada While on transit

Question

Hello there,

I and my family willing to make Asylum while transit in Canada. My questions are:-

1- Is it really legal to do so on transit visa ?
2- How can we do that ? in airport or where exactly and how ?
3- If it's very legal, Will they let us to enter Canad until getting decision or What will happen ?
4- Will they keep us in airport or in specific area ?

I hope to get confirmed info, prefer to be with sources as we have a baby and wouldn't be in bad conditions there.

Regards

Answer 1

Hello @WelWel,

Topic 1: Applying for asylum while on transit seems to be a legal action (Source: ****://tinyurl.***/y77quw6j)
For all other topics please see "Claim refugee protection from inside Canada": ****://tinyurl.***/js9t8bl and "Refugees and asylum in Canada": ****://tinyurl.***/ye36k9y

Best regards
Jan

Answer 2

Hello @WelWel

As @Jan pointed out it is a legal action to apply for asylum in Canada when you are on transit.

Concerning your second question:

"You can apply for refugee status at any port of entry. This means an airport, seaport or land border.
The officer you make your refugee claim to will decide if your claim is eligible to be referred to the Immigration and Refugee Board (IRB).
If your claim is eligible you will:
- be given a date for your IRB hearing
- and have 15 days to complete all forms in the application package and submit them to the IRB."

Source: ****://***.cic.gc.ca/english/refugees/inside/apply-how.asp

For further information of the asylum proceeding see this link:

****://lawfacts.ca/refugee/claim/poe

Unfortunately I could not find information concerning your third and fourth question. Maybe other members of the community can provide them.

I hope this answer is helpful to you. Feel free to ask further questions if anything remained unclear.

In addition I will link our lawyers @Marcel and @Steven that share their expertise here on the platform. Maybe they can add some information to the given answers.

Best regards,
Thorgen