The claims will not be against the US but rather the refugee claimants home country.

Case law precedent in Canada is clear that a claimant coming from a third country though not in danger of persecution by that country but who has not been accorded a "durable solution" can make a claim for refugee status.  The courts have ruled a refugee claimants time in a third country is not determinative of the claim for protection.

Basmenji v. M.C.I. (F.C.T.D., no. IMM-4811-96)rejected the proposition that the claimant, an Iranian married to a Japanese national, should have attempted to claim some form of status while in Japan before making a refugee claim in Canada.

 The CRDD's conclusion about the lack of credibility of Russian Jewish claimants (who, according to the CRDD, "could have gone to Israel as full citizens … In the panel's view, their failure to take advantage of this option is indicative of a lack of subjective fear") was in error. Pavlov v. M.C.I. (F.C.T.D., no. IMM-4401-00)