Pakistani Nationals' Refugee Status in Canada Reviewed After Visits Home

Several Pakistani nationals in Canada are having their refugee claims reviewed after returning to their home country. This is a change from previous decisions.
By Newsroom | Immigration, Canada |

For years, individuals seeking refuge in Canada have navigated a complex system, with decisions about their status often hinging on their ties to their home countries. This report examines the cases of Pakistani nationals whose refugee claims or permanent residency applications have faced scrutiny due to their movements or past affiliations, even as they seek safety and a new life in Canada. The core tension lies between Canada's commitment to protecting those fleeing persecution and its rules regarding the integrity of its immigration system.

Background: Asylum Claims and Canadian Immigration Policy

Canada offers protection to individuals who face persecution in their home countries. The process involves applying for refugee status or permanent residency, often on humanitarian and compassionate grounds. However, certain factors can complicate these applications, leading to appeals and further reviews.

  • Refugee Protection Division (RPD): This body initially assesses claims for refugee protection.

  • Refugee Appeal Division (RAD): An appeals division reviews RPD decisions.

  • Immigration, Refugees and Citizenship Canada (IRCC): This department oversees immigration policy and applications.

  • Federal Court: This court can review decisions made by immigration bodies.

Canada's immigration system allows for appeals and reviews of decisions, especially when new information or significant factors come to light.

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Cases of Pakistani Nationals Facing Scrutiny

Several cases highlight the intricate pathways individuals take when seeking or maintaining status in Canada, particularly those with Pakistani nationality.

Munir Ahmad Malhi: Allegations of Crimes Against Humanity

  • Munir Ahmad Malhi and his wife arrived in Canada in January 2020, seeking refugee protection.

  • Malhi had served 37 years with Pakistan's Punjab Police Service (PPS) before retiring in 2016.

  • The RPD initially recognized Malhi and his wife as convention refugees, citing a serious risk of persecution in Pakistan due to their adherence to the Ahmadiyya faith.

  • Canada's immigration minister appealed this decision, arguing Malhi was excluded from refugee protection because the PPS allegedly committed "crimes against humanity."

  • The Refugee Appeal Division eventually allowed the appeal, sending the case back to the RPD for further review. The RPD had previously found the PPS to be engaged in "systemic human rights abuses, including torture, rape and extrajudicial killings."

Ms. Sad: Humanitarian and Compassionate Grounds

  • Ms. Sad, a 75-year-old Pakistani widow, has been living in Canada continuously for six years.

  • Her application for permanent residence was based on humanitarian and compassionate (H&C) grounds.

  • She cited her family ties within Canada as a key factor, with two adult children and eight grandchildren residing there.

  • She has lived with her son's family, including four grandchildren, and also regularly stayed with her daughter and her other four grandchildren.

Qadeer Ahmed: Polygamy and Cultural Conflicts

  • Qadeer Ahmed had his Canadian residency application denied because of his polygamous marriage, which is illegal in Canada.

  • The Federal Court offered a review of his case, acknowledging the complexities.

  • This situation highlights the conflict between Canada's legal stance on polygamy and humanitarian considerations for individuals who may have faced persecution.

The Impact of Returning to One's Homeland

A critical factor in refugee status determination is the applicant's connection to their country of origin. Returning to a country from which one has sought asylum can have significant implications for their refugee status.

  • Cessation of Refugee Status: In 2015, reports indicated that Ottawa was increasing efforts to strip permanent resident status from former refugees who had returned to their home countries after being granted asylum in Canada.

  • "Unless you are a citizen, you are not safe": This statement suggests a concern that returning to one's homeland, even after receiving refugee status, can jeopardize that status.

  • Government Action: There were concerns that the government was actively seeking to revoke the status of former refugees who had returned to their countries of origin, potentially impacting their citizenship prospects as well.

The act of returning to a country of origin, even after being granted refugee status, can lead to a review and potential loss of that status in Canada.

Seeking Information and Official Responses

Investigating the procedures and circumstances surrounding Pakistani nationals' returns to Pakistan has involved attempts to gather information from various sources.

  • Embassy Non-Response: The Embassy for the Islamic Republic of Pakistan in Ottawa did not respond to requests for information concerning amendments to the Passport Act and Emigration Ordinance, its application, and the interview and detention of Pakistani nationals returning to Pakistan.

  • Other Information Gaps: Inquiries to the Human Rights Commission of Pakistan and Refugees International also did not yield timely responses.

  • Detention Policy: It was noted that the Federal Investigation Agency (FIA) in Pakistan detains only non-Pakistani nationals who are illicitly entering the country.

The cases underscore several key legal and ethical considerations within Canada's immigration framework.

  • The Federal Court's role in reviewing decisions, as seen in the Malhi and Ahmed cases, demonstrates a mechanism for addressing potential errors or overlooked factors.

  • The concept of "crimes against humanity" can be a significant factor in determining eligibility for refugee protection, as alleged in Malhi's case.

  • Humanitarian and compassionate grounds provide an avenue for individuals with strong ties to Canada, like Ms. Sad, to argue for permanent residency.

  • The principle of "cessation" of refugee status for those who voluntarily avail themselves of the protection of their country of origin is a well-established concept in international refugee law.

Conclusion and Potential Next Steps

The cases of Munir Ahmad Malhi, Ms. Sad, and Qadeer Ahmed, alongside the broader policy concerning refugees returning to their homelands, reveal the multifaceted nature of Canada's immigration and refugee system.

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  • Malhi's case is returning to the RPD, indicating that the initial decision to exclude him based on the PPS's alleged actions is not necessarily final.

  • Ms. Sad's application on H&C grounds highlights the importance of family ties and long-term establishment in Canada for those seeking to remain.

  • The cessation of refugee status for those who return home presents a significant challenge for individuals who may have genuine reasons for travel or who believe they can safely visit their home country.

The lack of response from Pakistani governmental and non-governmental bodies to information requests adds a layer of complexity to understanding the on-the-ground situation for returning nationals. Further investigation into the procedures and treatment of individuals returning to Pakistan, especially those with past asylum claims in Canada, may be warranted.

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Frequently Asked Questions

Q: Why are Pakistani nationals' refugee statuses in Canada being reviewed?
Pakistani nationals in Canada are facing reviews of their refugee status or permanent residency applications. This often happens if they have returned to Pakistan, as it can affect their claims of needing protection.
Q: What happened in Munir Ahmad Malhi's case regarding his refugee status?
Munir Ahmad Malhi, a former Pakistani police officer, was initially granted refugee status but his case was appealed by Canada's immigration minister. The appeal argued that his police service was involved in crimes against humanity, leading to a further review.
Q: How does returning to Pakistan affect a refugee's status in Canada?
Returning to one's home country after being granted refugee status can lead to the 'cessation' or loss of that status. Canada has previously increased efforts to revoke residency for former refugees who traveled back home.
Q: What are the challenges in getting information about Pakistani nationals returning home?
It has been difficult to get official information. The Embassy of Pakistan in Ottawa and other groups like the Human Rights Commission of Pakistan have not responded to requests for details on procedures for returning nationals.
Q: What is the situation for Ms. Sad, a Pakistani widow in Canada?
Ms. Sad, a 75-year-old Pakistani widow living in Canada for six years, applied for permanent residency on humanitarian grounds. Her strong family ties in Canada, with two children and eight grandchildren, are key to her application.
Q: Why was Qadeer Ahmed's residency application denied in Canada?
Qadeer Ahmed's application for Canadian residency was denied because he entered into a polygamous marriage, which is illegal in Canada. His case was later reviewed by the Federal Court, highlighting the conflict between Canadian law and humanitarian concerns.