Man seeking asylum in Canada trapped at US Ice facility after he says he crossed border by mistake | Canada
A refugee candidate living in Canada is stranded in a US immigration detention center after he said he crossed the border by mistake, but his lawyer says Canada is not helping bring him back.
Mahin Shahriar, 28, who came to Canada from Bangladesh in 2019, told the Canadian press that he accepted a “friend’s” invitation to visit a property near Montreal and now suspects it is part of a broader human trafficking operation.
He said that the alleged property was in a rural area and when he could not find it, he called an acquaintance for directions.
“Then I found myself in the USA,” he said. “That wasn’t my intention.” When Shahriar realized his mistake, he contacted immigration officials and was subsequently detained.
But unlike recent harrowing stories of Immigration and Customs Enforcement (Ice) officials blocking attempts to send people back to Canada, Shahriar’s lawyer told the Guardian it was the Canada Border Services Agency (CBSA) that blocked his client’s return.
“It’s not that CBSA isn’t accepting it; they’re not even responding to us,” said immigration lawyer Washim Ahmed. The last time he received a letter from the border agency was in July. “It’s simple, they have a legal obligation to bring it back.”
Under the safe third country agreement, Canada must bring Shahriar back because he was detained by border officials within 14 days of entering the U.S. illegally, Ahmed says. Even if the CBSA does not cancel the agreement in this case, an exception may apply, Ahmed said.
“If you have a family member in Canada who has legal status or is a refugee claimant – and he was – you have the right to return. So our position is to either follow the agreement or grant the exception, but the outcome is the same: He needs to return.”
Ahmed appealed to the federal courts, requesting that the courts obtain a formal order from the CBSA to begin the process of judicial review of the case, claiming that the CBSA had a duty to facilitate Shahriar’s return.
He also appealed to Canada’s public safety minister, Gary Anandasangaree, for assistance in the “unique” case.
“In the past we have seen people trying to enter Canada from the United States and border officials have rejected them, citing the safe third country agreement. Now we are asking them to apply the same rules of the agreement to this case,” Ahmed said.
Canada’s border services agency says that as a broader policy, it does not comment on specific cases and does not intervene on behalf of foreign nationals who are subject to immigration enforcement in another country.
The CBSA said anyone attempting to enter Canada must contact an official testing center to be assessed on a case-by-case basis.
However, Ahmed said Ice would not have brought Shahriar to the testing center without prior approval from the CBSA. He said the correspondence with Ice also showed that U.S. officials reached out to their Canadian counterparts and were met with resistance.
Complicating Shahriar’s case is his unsuccessful refugee application in Canada. He arrived in the country as a student in 2019 and fell victim to a fraudulent immigration consultant who posed as a qualified lawyer. A fraud claim was made on his behalf and denied.
Under Canadian law, Shahriar can apply for a pre-removal risk assessment because it has been more than a year since his failed claim. As part of the assessment, authorities check whether applicants would face persecution if deported to their home country. They can remain in Canada if they face significant risk.
“Ice reviewed his situation and concluded that he would face risks in Bangladesh, so they will not send him there,” Ahmed said. “And that’s why we want to apply for a pre-deportation risk assessment because we’re confident that Canadian authorities will see the dangers he faces if he is sent back.”
Shahriar was able to bring his mother and sister to the country while remaining in Canada without legal status, and Ahmed was able to prepare a successful case on behalf of Shahriar’s mother.
Shahriar’s mother, a Canadian permanent resident, was hospitalized multiple times due to serious mental health issues that were exacerbated by her son’s detention.
Describing the case as “extremely disappointing”, Ahmed said: “My client is in arbitrary detention. He did not commit any crime. He did not steal anything, did not harm anyone and did not cause any trouble. And it has been like this for almost six months.” “He doesn’t know where he’s going. He can’t be deported to Bangladesh. He needs to go back to Canada. So we’re asking Canadian officials to do the right thing and also do what they’re legally obligated to do.”
