A Review of the Safe Third Country Agreement and the Right to Seek Asylum: A Critical Review of Legal Frameworks, Human Rights Standards, and Access to Protection

The Safe Third Country Agreement (STCA) is a bilateral arrangement between Canada and the United States that determines where asylum seekers may submit refugee claims at the shared land border. This review paper critically examines the STCA in relation to the internationally recognized right to seek asylum. Drawing on legislation, court decisions, policy documents, academic scholarship, and recent human rights reports, the paper reviews the legal foundations of the Agreement, its consistency with international human rights standards, and its practical impact on access to protection. The review finds that while the STCA is legally justified as a border-management tool, serious concerns remain regarding procedural fairness, access to exceptions, and the risk of indirect refoulement. Recent policy expansions and enforcement trends further challenge the balance between state sovereignty and refugee protection. The paper concludes that the STCA continues to restrict meaningful access to asylum and requires sustained legal scrutiny and policy reform to ensure compliance with human rights obligations.