One-year bar (refugee claims)
Statutory definition
IRPA s 101(1)(e) renders ineligible a claim made by a person who came directly or indirectly to Canada from a country that is a party to the STCA, has been returned to that country under the STCA, and has not resided outside that country for more than a year. The practical effect is a 1-year bar on claiming in Canada after being returned to the US under the STCA.
Explanation
The one-year bar is a consequence of the STCA enforcement. A person turned back at the Canadian border under the STCA cannot simply return to Canada and claim again within that year. The bar is designed to prevent repeated claims but has been criticised as punitive for genuine asylum seekers who face ongoing danger. After 1 year has elapsed (and the person has not been claiming in a third country during that time), they may again attempt to claim at a Canadian port of entry.