Understanding the Challenge of Refugee Claims and the Canada-U.S. Safe Third Country Agreement (2025)
On March 3, 2025, Immigration, Refugees and Citizenship Canada (IRCC) issued a statement emphasizing the challenges facing Canada’s refugee protection system. The announcement included various policy adjustments aimed at enhancing resettlement measures and cracking down on immigration fraud. These changes are closely tied to the rising global refugee crisis and the Safe Third Country Agreement (STCA) between Canada and the United States.
As political conflicts intensify worldwide, the Canadian government is working to balance offering protection to those in need while maintaining the integrity of its immigration system. Canada has pledged to welcome refugees from war-torn regions such as Ukraine and Sudan while also strengthening regulations to prevent the misuse of the asylum process by irregular migrants.
The Safe Third Country Agreement requires asylum seekers to apply for refugee status in the first safe country they arrive in, meaning those who first enter the United States cannot subsequently apply for asylum in Canada. In March 2023, the agreement was expanded to cover all land border crossings between the two countries, further restricting entry options for asylum seekers and placing additional pressure on Canada’s immigration management.
This article will explore the current challenges in Canada’s refugee protection system, the impact of the Safe Third Country Agreement, and common misconceptions about the asylum process.
Challenges Facing Canada's Refugee Protection System
1. Resettlement Challenges for Refugees from War-Torn Regions
With global conflicts on the rise, Canada is seeing an increasing number of refugee claims from Ukraine, Sudan, Afghanistan, and other crisis-affected countries. In February 2025, the Canadian government extended temporary measures for Ukrainians, allowing them to apply for three-year open work permits or study permits. Additionally, Canada committed to granting permanent residency to at least 7,000 refugees affected by the Sudan conflict.
However, the growing number of refugee arrivals is straining Canada’s asylum infrastructure, particularly in major cities like Toronto, Montreal, and Vancouver, where shelters are operating at near-full capacity. Some refugees are being placed in temporary accommodations, while others face the risk of homelessness. Local governments and communities must provide additional housing and social services to address this crisis.
2. Refugee Claims from Irregular Migrants Already in Canada
Beyond refugees fleeing conflict, many individuals on student or work permits whose visas are expiring—or who have overstayed—are applying for asylum to avoid deportation. While these claims are legal, their motives differ from those of refugees fleeing persecution, adding strain to the asylum system.
To prevent abuse of the system, the Canadian government is intensifying screening efforts and warning applicants that providing false information or fraudulent documents may lead to application denial, deportation, and even entry bans.
3. Case Backlogs and Delayed Processing Times
The increasing volume of refugee claims has significantly slowed processing times. As of 2025, the average processing time for asylum applications has increased from 18 months in 2022 to 24–30 months, leaving many claimants in limbo without work permits or access to social benefits.
To address these delays, Canada is hiring additional adjudicators and enhancing digital processing systems, but backlogs remain a significant issue in the short term.
Challenges with the Canada-U.S. Safe Third Country Agreement
1. Implementation of the Safe Third Country Agreement
Under this agreement, asylum seekers must apply for refugee status in the first safe country they arrive in. If they first enter the United States, they cannot seek asylum in Canada unless they qualify for an exception, such as having a close family member in Canada.
In March 2023, the agreement was expanded to cover all official and unofficial land border crossings between Canada and the U.S., making it harder for asylum seekers to enter Canada legally.
2. Irregular Border Crossings and Associated Risks
Because of these restrictions, many asylum seekers have attempted to cross into Canada irregularly, such as traveling through Quebec’s border with New York State or using remote areas to evade authorities. These unauthorized crossings are not only illegal but also extremely dangerous, especially in winter conditions, where asylum seekers risk hypothermia and even death.
To combat this issue, the Canadian government has increased border security and expedited the removal of ineligible applicants.
Common Misconceptions About the Asylum Process
1. Seeking Asylum ≠ Immediate Permanent Residency
Applying for asylum does not mean automatically obtaining permanent residency in Canada. Approved asylum seekers usually receive temporary resident status (such as a work or study permit) and must go through several years of legal processes before applying for permanent residency.
2. Refugee Shelters ≠ Permanent Housing
Some believe that once they are placed in a refugee shelter, they can stay there permanently. However, refugee shelters are temporary accommodations, and once an asylum application is approved, the individual may need to relocate so that resources can be allocated to new asylum seekers.
3. Submitting Fraudulent Documents Can Have Serious Consequences
Providing false documents or fabricated stories can lead to asylum denial, deportation, and even a permanent ban from entering Canada. Immigration fraud is taken seriously by IRCC, and anyone caught manipulating the system could face legal consequences.
4. Asylum Claims Undergo Rigorous Scrutiny
Many assume that simply arriving in Canada and filing an asylum claim guarantees approval. In reality, each case undergoes thorough review by the Immigration and Refugee Board of Canada (IRB), and applicants must prove they are at genuine risk of persecution; otherwise, they face rejection and deportation.
Conclusion
In 2025, Canada’s refugee protection system is under immense pressure due to the rising number of applications from both war-torn regions and irregular migrants within the country. Additionally, the expansion of the Safe Third Country Agreement has made it more difficult for asylum seekers to enter Canada legally, resulting in a surge of irregular border crossings and enforcement challenges.
The Canadian government is working to balance protecting genuine refugees while maintaining the integrity of its asylum process. Efforts to combat immigration fraud, increase border security, and reduce processing delays are underway.
For those considering seeking asylum in Canada, understanding the proper procedures and legal requirements is essential to avoid misinformation, ensure a fair application process, and prevent unintended legal risks.
