Government of Canada Appeal allowed on Safe Third Country Agreement

​On April 15, 2021, the Federal Court of Appeal issued its decision in Canada (Citizenship and Immigration) v. Canadian Council for Refugees, 2021 FCA 72. In its decision, the Federal Court of Appeal allowed the Government of Canada's appeal and set aside the July 2020 Federal Court decision in the case of Canadian Council for Refugees v. Canada (Immigration, Refugees and Citizenship), 2020 FC 770, 2020 FC 770. The Federal Court of Appeal's decision means that the application of the Safe Third Country Agreement at Canadian and U.S. land ports of entry remains in effect.

The Honourable Marco E.L. Mendicino, Minister of Immigration, Refugees and Citizenship and the Honourable Bill Blair, Minister of Public Safety and Emergency Preparedness, have issued a statement regarding the decision. This statement explains what this decision means for the Safe Third Country Agreement, Canadian land ports of entry, and the In-Canada asylum system.