March 3, 2017 7:30 pm
Updated: March 3, 2017 9:42 pm

Rejected refugee claimants in Canada not always sent back home

WATCH: What propels asylum seekers to make perilous border crossing. Eric Sorensen reports.

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WINNIPEG — If an asylum seeker’s refugee claim is rejected, there’s a possibility they could still stay in Canada temporarily.

It’s a long journey for asylum seekers from their countries of origin, to the U.S. and then to Canada on foot.

READ MORE: Recent asylum seekers speak to Global News about journey to Canada

However, that journey is just the beginning for an asylum seeker. When they reach Canada and the process starts to become a refugee claimant, there’s another waiting game.

WATCH: Winnipeg immigration lawyer breaks down asylum seeker process


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For the refugee claimants whose appeals are rejected, they won’t necessarily be sent back to their country of origin. But, instead could remain in Canada temporarily because of a policy Canada has in place to not send people back to specific countries deemed too dangerous because of war, famine, or natural disaster.

RELATED: Reality check: Are asylum seekers ‘queue jumping’ and other key questions

Syria, the Central African Republic, South Sudan, Libya, Yemen, Burundi, Haiti and parts of Somalia are all countries that are subject to what’s called an administrative deferral of removals (ADR). The ADR temporarily halts the removal of failed claimants from these countries because of an ongoing humanitarian crisis.

“If their refugee claim is refused they have to look at some issues such as are you from a country that’s on a list that you can’t be deported to,” Immigration Lawyer, David Davis said.

If a refugee claimant is from one of the countries on that list, then they’re able to remain in Canada for a temporary period of time, or at least until Canada deems that country safe and no longer needed on the ADR list.

WATCH: Immigration lawyer discusses the process if refugee claim denied and individual from country Canada can’t deport people to

In the mean time, asylum seekers that have made that trek in to Canada can remain and apply for a temporary work visa and keep renewing it. They can go to school, however it’ll be the international fees they’ll have to pay as opposed to local fees.

RELATED: By boat, taxi and on foot, latest asylum seeker into Manitoba describes long journey

Janet Dench with the Canadian Council for Refugees said this leaves asylum seekers in a state of limbo and undesirable to the employers out there.

“It’s a really difficult situation for people to be in because you’re here, [but] you’re not really with any status here. But, at the same time you’re not being removed,” Dench said.

She added that the temporary stay for an indefinite period of time makes people undesirable to the employers out there.

“Often employers are not as keen to employ you or at least not to promote you or give you training here because they see you don’t have a permanent status,” Dench said.

Immigration Lawyers and the Canadian Council for Refugees both said once a country is no longer going through turmoil that means the policy can be reversed and those once seeking asylum and being rejected in Canada could be sent back.

Nearly 200 asylum seekers have illegally crossed into Canada near Emerson, Manitoba. Reeve of Emerson-Franklin, Greg Janzen, said another 21 crossed the border Friday morning.

Canada’s Public Safety Minister, Ralph Goodale, will be visiting Emerson Saturday morning. Goodale has said Ottawa is working on a contingency plan should the number of asylum seekers continue to rise.

© 2017 Global News, a division of Corus Entertainment Inc.

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