AWARE that such a division of responsibilities must, in practice, guarantee the identification of persons in need of international protection and avoid the possibility of indirect violations of the fundamental principle of non-refoulement, and therefore determined to protect any refugee claimant entitled to refugee status and within his competence, Access to a full and fair trial to determine refugee status as a means of ensuring icacement the protection of the Convention, the Protocol and the Convention on Torture; To date, the United States is the only safe third country. Section 102 of the Immigration and Refugee Protection Act (IRPA) allows for the designation of safe third countries for the purpose of sharing responsibility for refugee claims. Only countries that respect human rights and offer asylum seekers a high level of protection can be designated as safe third countries. For all other countries that may in the future be designated as safe third countries, this Agreement does not apply to persons who are seeking refugee status, who are citizens of Canada or the United States or who have their habitual residence in Canada or the United States without the nationality of a country. The agreement obliges refugee claimants to seek refugee protection in the first safe country they arrive in, unless they are entitled to a derogation from the agreement. RECOGNISING and respecting the obligations of each Party under its immigration policy, instructions and agreements;. . Notwithstanding any provision of this Agreement, either Party may, at its discretion, consider any refugee rights invoked against that Party if it finds that it is in its public interest. Even if they qualify for one of these exceptions, refugee claimants must meet all other admission criteria under Canadian immigration law. For example, if a person seeking refugee protection has been declared inadmissible in Canada on grounds of security, violation of human rights or international law, or serious criminality, that person is not entitled to make a refugee claim. Exceptions to the agreement shall take into account the importance of family unity, the well-being of children and the public interest.
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