A refugee applicant living in Canada is trapped at a US immigration detention facility after he says he mistakenly crossed the border, but his lawyer says Canada isn’t helping to bring him back.
Mahin Shahriar, 28, who came to Canada from Bangladesh in 2019, told the Canadian Press he accepted an invitation from a “friend” to visit a property near Montreal, which he now suspects was part of a broader human trafficking operation.
He says the alleged property was in a rural area and when he couldn’t find it, he called the acquaintance for directions.
“Then I found myself in the US,” he said. “It was not my intention.” Shahriar approached immigration officials when he realized his mistake – and was subsequently detained.
But unlike recent harrowing stories in which Immigration and Customs Enforcement (Ice) officials have blocked attempts to repatriate people to Canada, Shahriar’s lawyer told the Guardian it is the Canada Border Services Agency (CBSA) hampering his client’s return.
“It’s not that CBSA isn’t accepting him – it’s that they won’t even respond to us at all,” said immigration lawyer Washim Ahmed. The last time he received correspondence from the border agency was in July. “Quite simply, they have a legal obligation to bring him back.”
Ahmed says that, under the safe third country agreement, Canada is required to bring Shahriar back because he was detained by border officials within 14 days of illegally entering the US. Even if the CBSA did not invoke the agreement in this case, an exception could still apply, said Ahmed.
“If you have a family member in Canada that has legal status or is a refugee claimant – which he had – you are entitled to return. And so our position is either to apply the agreement or acknowledge the exception, but the end result is the same: he needs to come back.”
Ahmed has turned to the federal courts, requesting the courts compel a formal decision from CBSA in order to begin the process of a judicial review of the case, under the argument that CBSA is obliged to facilitate Shahriar’s return.
He has also petitioned Canada’s public safety minister, Gary Anandasangaree, for assistance in the “unique” case.
“In the past we’ve seen people from the US trying to enter Canada and border officials reject them, citing the safe third country agreement. We’re now asking them to apply those same rules of the agreement to this case,” said Ahmed.
Canada’s border services agency says as a broader policy, it does not comment on specific cases and does not intervene on behalf of foreign nationals subject to immigration enforcement in another country.
CBSA did say that anyone trying to enter Canada must appear at an official examination centre to be assessed on a case-by-case basis.
But Ahmed said Ice will not bring Shahriar to an examination centre without prior approval from the CBSA. He says correspondence with Ice also suggests US officials have reached out to Canadian counterparts and faced resistance.
Complicating Shahriar’s case is a failed refugee application in Canada. He arrived to the country in 2019 as a student and fell victim to a fraudulent immigration consultant who portrayed himself as a qualified lawyer. A fraudulent claim was made on his behalf and rejected.
Under Canadian law, Shahriar is eligible to apply for pre-removal risk assessment because his failed claim was made more than a year ago. As part of the assessment, officials check whether claimants would face persecution if deported to their home country. If they face substantial risk, they can remain in Canada.
“Ice has looked at his case and concluded he would face risks in Bangladesh, so they won’t send him there,” said Ahmed. “And so we want to apply for pre-removal risk assessment because we’re confident Canadian officials will see the dangers he will face if he was ever sent back.”
While staying in Canada without legal status, Shahriar managed to bring his mother and sister to the country and Ahmed was able to prepare a successful claim on behalf of Shahriar’s mother.
Shahriar’s mother, who has permanent residency in Canada, has been hospitalized on numerous occasions for severe mental health issues compounded by her son’s detention.
“My client is in arbitrary detention. He didn’t commit any crime. He didn’t steal anything, didn’t harm anyone or cause trouble. And it’s been like this for nearly half a year,” said Ahmed, calling the case a “profoundly disappointing” situation. “He doesn’t know where he’s going. He can’t be deported to Bangladesh. He needs to go back to Canada. And so we’re asking Canadian officials to do what’s right – but also what they’re legally obliged to do.”
