Pakistani refugee who returned to his homeland six times wins chance to keep Canadian status

2026/02/28 Leave a comment

Sigh, another overly permissive judgement by Judge Go:

A Federal Court judge set aside a ruling by Canada’s Refugee Protection Division (RPD), saying it failed “to engage with a critical piece of evidence” when it revoked a Pakistani man’s refugee status after he returned to the country on multiple occasions. …

The RPD, a division of the Immigration Refugee Board of Canada, found Ahmad “voluntarily re-availed himself of the protection of Pakistan” and “had not provided sufficient evidence to rebut the presumption,” the judgment reads. The tribunal found Ahmad’s description “of the agents of persecution ‘evolved depending on his audience,’” shifting between fear of religious extremists and government authorities on different occasions. The RPD found his statements to be inconsistent.

On February 18, Justice Avvy Yao-Yao Go ruled in favour of Ahmad, arguing that the RPD found inconsistencies “where none existed.” The judge added that the tribunal “compounded this error by failing to consider a key precautionary measure that the applicant took against the religious extremists while in Pakistan,” when Ahmad avoided going to a mosque.

“While the RPD noted the applicant’s evidence that he did not attend mosque or engage with the broader community,” Go wrote in her ruling, “the RPD never engaged with this evidence when conducting its analysis on the applicant’s intention…Rather, the RPD focused on the fact that the applicant had a ‘large wedding,’ the duration of his visits, and the fact that the applicant brought his family to Pakistan, and found these factors to indicate a lack of subjective fear of persecution.

“By failing to engage with a critical piece of evidence that may rebut the intent to reavail, the RDP fell short of its heightened duty to provide justified, transparent, and intelligible reasons to explain its decision,” the justice continued.

Go granted Ahmad his request for a judicial review and sent his case back “for redetermination by a differently constituted panel of the Refugee Protection Division.”

Ahmad’s legal counsel, Daniel Kingwell, lauded the decision in a written statement to National Post on Thursday afternoon.

“We are very pleased with the judge’s ruling. The court recognized that Mr. Ahmad had provided a number of reasons for returning to Pakistan that were not adequately assessed by the Board – in particular to attend to essential family duties including his marriage, the birth of his child, and the illnesses and deaths of his parents,” Kingwell wrote, noting that the ruling was “consistent with a number of other decisions where the court has taken issue with an overly aggressive approach to refugee cessation.

Kingwell explained that Ahmadi mosques were the “primary targets” of religious extremists in Pakistan and that Ahmad’s conduct while in the country comported with this, taking necessary precautions that “were consistent with his ongoing need for refugee protection.”…

Source: Pakistani refugee who returned to his homeland six times wins chance to keep Canadian status

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Québec refuse de traiter plus vite la résidence permanente des réfugiés reconnus

2026/02/27 Leave a comment

Not great…:

Le ministre Roberge l’a confirmé : Québec rejette la main tendue d’Ottawa et ne traitera pas en accéléré les dossiers des réfugiés déjà acceptés qui attendent depuis des années leur résidence permanente.

Alors que les délais sont actuellement de près de 10 ans, cette décision aura des « conséquences terribles » sur l’intégration et la réunification des familles, selon des organismes et avocats en immigration.

« C’est très décevant », déplore Stephan Reichhold, directeur général de la Table de concertation des organismes au service des personnes réfugiées et immigrantes (TCRI). « C’est même de la discrimination, pour ces [réfugiés] résidant au Québec, de ne pas leur permettre de bénéficier d’un programme fédéral. »

En novembre dernier, le gouvernement canadien avait annoncé une initiative ponctuelle qui visait à traiter au cours des deux prochaines années les quelque 115 000 dossiers — à l’époque — de réfugiés reconnus comme personnes à protéger. Pour Ottawa, accorder la résidence permanente en priorité à ces personnes vise « à accélérer la pleine intégration et l’obtention de la citoyenneté ».

“Le gouvernement du Québec avait été invité à participer à l’initiative, puisqu’environ 36 000 de ces réfugiés se trouvent au Québec et que le délai d’obtention de la résidence permanente pour cette catégorie est de plus de 9 ans (112 mois) en date d’aujourd’hui. Pour le reste du Canada, ce délai est de 17 mois.

Dans un message de son cabinet, le ministre Jean-François Roberge indique qu’il ne souhaite pas traiter ces demandes hors seuils. « Afin de respecter nos cibles, nous avons décidé de ne pas participer à cette initiative d’Ottawa. Libre au gouvernement fédéral de camoufler la hausse massive de l’immigration en créant des catégories hors seuil et en évitant de les compter dans les chiffres officiels », a-t-on déclaré.

Invité à dire ce qu’il pensait de ce refus de Québec, le cabinet de la ministre fédérale de l’Immigration, Lena Metlege Diab, a plutôt renvoyé la balle au ministère, qui explique la lenteur du traitement par les cibles que le Québec s’est fixées en vertu de l’Accord Canada-Québec. …

Source: “Québec refuse de traiter plus vite la résidence permanente des réfugiés reconnus”

Minister Roberge confirmed it: Quebec rejects Ottawa’s outstretched hand and will not process the files of already accepted refugees who have been waiting for years for permanent residence.

While the deadlines are currently nearly 10 years, this decision will have “terrible consequences” on the integration and reunification of families, according to immigration organizations and lawyers.

“This is very disappointing,” laments Stephan Reichhold, Director General of the Consultation Table of Organizations for Refugees and Immigrants (TCRI). “It is even discrimination, for these [refugees] living in Quebec, not to allow them to benefit from a federal program. ”

Last November, the Canadian government announced a one-time initiative to address over the next two years the approximately 115,000 refugee cases — at the time — recognized as persons in need of protection. For Ottawa, granting permanent residence as a priority to these people aims to “accelerate full integration and the achievement of citizenship”.

“The Government of Quebec had been invited to participate in the initiative, since about 36,000 of these refugees are in Quebec and the deadline for obtaining permanent residence for this category is more than 9 years (112 months) as of today. For the rest of Canada, this period is 17 months.

In a message from his cabinet, Minister Jean-François Roberge indicates that he does not wish to process these requests outside the threshold. “In order to respect our targets, we decided not to participate in this Ottawa initiative. The federal government is free to camouflage the massive increase in immigration by creating out-of-threshold categories and avoiding counting them in official figures,” it was said.

Invited to say what he thought of this refusal of Quebec, the office of the Federal Minister of Immigration, Lena Metlege Diab, instead sent the ball back to the ministry, which explains the slow treatment by the targets that Quebec has set itself under the Canada-Quebec Agreement. …

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Coyne: Smith and Poilievre find someone to blame for their problems: immigrants

2026/02/27 Leave a comment

While Coyne is still in the “more the merrier” crowd, his points on the crass politics by Smith and Poilievre are valid:

…The point bears repeating: we had just as rapid population growth in some years in the 1950s and 1960s, without any of the problems that are now so recklessly laid at the feet of immigrants and refugees. Why? Because we were building more houses: we had yet to tie the housing market in regulatory knots. Because the health care system had not yet been turned into an ossified, centrally planned monopoly. Because we were investing more, growing more, hiring more. 

Those are the sorts of things conservatives, and Conservatives, used to talk about, rather than the crude hack of letting fewer people in: the economic equivalent of bleeding the patient. Ms. Smith and Mr. Poilievre themselves were advocates, not so long ago, of a pro-growth population policy. 

But how much easier it is, politically, when you’re in political trouble, to deflect public discontent, to blame all their troubles on outsiders, to play to people’s fears and whip up their resentments. Just so no one compares anybody to Donald Trump.

Source: Smith and Poilievre find someone to blame for their problems: immigrants

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Senate committee calls for gutting of flagship immigration bill over human rights concerns

2026/02/25 Leave a comment

In the end, Senate approved without amendments:

A flagship bill that would tighten Canada’s immigration and asylum rules should be gutted, with key sections removed to address concerns regarding human rights and privacy, a Senate committee has recommended. 

The Senate committee on social affairs, science and technology has been studying Bill C-12 and hearing from experts. In a new report, it expressed fears that parts of the proposed legislation would lead to an “overreach of executive powers” and have a disproportionate impact on women and members of the LGBTQ community. 

The Senate committee called for the deletion of parts 5 to 8 of the bill and, failing that, for substantial amendments including to sections tightening up Canada’s asylum system. 

The Senate committee on public safety, which has also been examining Bill C-12, reviewed the proposed legislation in detail on Monday and discussed amendments after considering the social affairs committee’s recommendations. 

Of particular concern to the social affairs committee was part 8, which would prevent asylum seekers who have been in Canada for more than a year from having claims for refugee protection heard by the independent Immigration and Refugee Board.

The purpose of the rule, according to Immigration Department officials who addressed senators, is to prevent potential misuse of the system, such as by international students who claim asylum because they want to remain in Canada. 

But the Senate Social Affairs committee report warned that the change could mean that someone who visited Canada as a baby for a day and later returned at age 10 could be deemed ineligible to be heard at the independent tribunal. …

Source: Senate committee calls for gutting of flagship immigration bill over human rights concerns

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Ottawa places a sensible limit on the right to claim asylum

2026/02/23 Leave a comment

Agree. Previous approach not sustainable:

…Refugee advocates have said the idea that students here for more than a year are more likely to submit fraudulent claims is unfounded. However, the government shouldn’t wait until problems mount to fix vulnerabilities in the system, especially given that Immigration Ministry staff say the measures are needed to ward off future misuse. 

There are trends that justify pre-emptive action. In 2024, international students filed a record 20,245 asylum claims, six times more than in 2019. In 2024 alone, 720 claims came from students at Conestoga College, which had a massive surge in international enrolment. Immigration Minister Lena Metlege Diab said that last year, 17 per cent of asylum claims came from students. 

Many students who are claiming refugee status are from India, which is also the home of the largest number of international students. There are certainly groups of people at risk from India – about half of refugee claims regarding India were accepted between 2018 and 2024 – but it’s not a country generally considered to be a huge source of refugees. There were just 375 refugee claims from Indian citizens in 2015, compared with 17,180 last year. 

The federal government needs to make sure it can quickly identify legitimate refugees, while at the same time, reduce abuses, such as the recent instance where 14 temporary residents suspected of extortion claimed refugee status to avoid deportation. 

Canada must maintain its status as a safe haven for people facing persecution, and the best way to do that is by carefully managing the immigration system. Streamlining the process for refugee claimants already in Canada is a good step to maintaining the public trust needed to help the world’s most vulnerable.

Source: Ottawa places a sensible limit on the right to claim asylum

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Asylum seekers to face brunt of IRCC cuts through co-payments of dental and prescription coverage: analysis

2026/02/19 Leave a comment

Of course, the large increase in asylum claimants is reflected in these numbers. Prescription co-payments are relatively small ($4) and it was increasingly untenable to provide asylum claimants better health care coverage that Canadians without an employer health coverage plan. And coverage of medical care at hospitals and by physicians is still covered:

“Almost half of the spending reduction in Immigration, Refugees and Citizenship Canada (IRCC) will come from a single cut to the health coverage of asylum seekers, according to a new analysis from the Canadian Centre for Policy Alternatives.”

“In the 2025 budget, the federal government announced that about a quarter of a billion dollars, or $231.9 million, will be cut from the health-care coverage of refugees in the 2027-28 fiscal year with what the government calls a “modest co-payment model” of 30 per cent.

All other cuts from IRCC in 2027-28 are estimated at around $315 million, according to the analysis.

Currently, most refugees are covered under the government’s Interim Federal Health Program, which provides the cost of most medical care until individuals are eligible for provincial or territorial insurance.

However, the federal government will continue to provide full coverage for emergency room visits and visits to a physician.

Dental and prescription co-payments for asylum seekers will begin on May 1 this year.

David Macdonald, author of the analysis and economist at the left-leaning Canadian Centre for Policy Alternatives, pointed out that costs could rise for the federal government, especially as low-income asylum seekers eschew costly preventative care leading to more emergency room visits.

““Asylum seekers come to Canada with little to nothing, since they’re escaping dangerous conditions. Most won’t be able to pay the extra costs and will simply avoid dental care and filling prescriptions — until an emergency rises,” Macdonald wrote.

Those individuals could “end up in Canada’s emergency rooms, which will also be paid by IRCC, but at 100 per cent of the cost, even though prevention is preferable and less expensive than the emergency room.”” …

Source: “Asylum seekers to face brunt of IRCC cuts through co-payments of dental and prescription coverage: analysis”

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Immigration Minister defends proposed changes to asylum rules through border bill

2026/02/18 Leave a comment

Of note. Hard for refugee advocates to admit need for limits or the extent of misrepresentation:

…Canada has seen an increase in asylum claims from international students, who have been the target of immigration restrictions, in the last few years. Over the past year, 17 per cent of asylum claims came from students, according to Immigration, Refugees and Citizenship Canada. 

Ms. Metlege Diab answered questions about the asylum implications of Bill C-12 along with Public Safety Minister Gary Anandasangaree on Feb. 9 at the Senate’s national-security committee.

On Thursday, she was questioned by senators on the social affairs committee, which is also studying the bill. 

Senators also heard unease expressed from a range of witnesses, including the UN Refugee Agency.

One of the concerns is that the proposed one-year cutoff for asylum hearings would be measured from the first time someone entered Canada. The bill specifies that the one-year period “begins on the day after the day of their first entry.”

Refugee advocacy groups warned senators this could mean that someone who came here on holiday as a child with their parents would be barred from a refugee hearing decades later.

They also hit back at suggestions that foreign nationals claiming asylum, including international students who had been here for more than a year, were more likely to lodge fraudulent claims. 

Gauri Sreenivasan, co-executive director of the Canadian Council for Refugees, a non-profit advocacy organization for refugee and immigrant rights, was among those who addressed the Senate committee. 

“Suggestions before committees that certain claimants are likely to be fraudulent because they are students or because they have been here more than a year are as unfounded as they are offensive,” Ms. Sreenivasan told senators.

“These blunt measures disproportionately harm the most vulnerable: women fleeing violence, LGBTQIA+ individuals, minors, those with mental health challenges or people from unstable regions.”…

Source: Immigration Minister defends proposed changes to asylum rules through border bill

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Youssif: Canada has a hidden asylum-policy problem

2026/02/18 Leave a comment

Another example of a broken system?

…As I document in a new study for the C.D. Howe Institute, this policy is problematic. Not all asylum claims are truthful, and documents may be forged. But this is impossible to detect without asking questions. The asylum hearing also serves as a screen for national security and program integrity risk, and must be halted if red flags emerge during questioning to allow the relevant minister to be notified. That mechanism cannot be engaged if claimants are never questioned.

More broadly, the IRB’s recognition rate for asylum claims has climbed to 80 per cent of claims decided on their merits, excluding files summarily closed where the claim was withdrawn or abandoned. In comparison, in 2024 Ireland accepted 30 per cent of claims on the merits, Sweden 40 per cent, and Germany 59 per cent. Research suggests that acceptance rates are a significant factor in asylum seekers’ choice of a destination country.

It is difficult to isolate the effect of any single policy change on the level of new claims, given multiple factors such as rising global migration pressures and changes to temporary immigration policies. That said, it is worth noting that the number of new asylum claims in Canada has increased since the IRB began rapidly accepting claims. A backlog of 17,000 claims in 2016 has grown to nearly 300,000 in 2025. Policies such as File Review, intended to reduce the backlog, have not only failed to do so, but may have reinforced perceptions of speed, success, and reduced scrutiny, signalling to the world that Canada’s asylum system is easy.

How was it possible for an adjudicative tribunal to implement a policy that dispenses with the act of adjudication?

Perhaps part of the answer is that the institution cannot be seen clearly. Its unique status and structure have rendered it opaque to the rest of government, which otherwise might have corrected an overreach. It may be time to rethink this model and consider options that provide ministers and cabinet with direct visibility and policy oversight, while preserving fair and independent adjudication.

James Yousif is a lawyer, former director of policy at IRCC and former member of the Immigration and Refugee Board of Canada (IRB).

Source: Canada has a hidden asylum-policy problem

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PBO: Projecting the Cost of the Interim Federal Health Program 

2026/02/14 2 Comments

Informative PBO Report:

Highlights

  • The Interim Federal Health Program (IFHP) provides limited and temporary healthcare coverage to some groups of foreign nationals who are not eligible for health insurance from provinces or territories.
  • PBO estimates that total IFHP costs will reach almost $1.0 billion in 2025‑26 and rise to over $1.5 billion by 2029‑30. PBO projects that annual growth in IFHP costs will average well below the average growth observed over the past five years, reflecting both a moderated increase in the number of beneficiaries and a more gradual rise in average annual costs.
  • Budget 2025 indicated that a “modest co-payment model” will be introduced to the Interim Federal Health Program for supplemental health products or services. This change to the program is not reflected in our projection. Including this new measure would reduce our estimate of the total cost for the IFHP program.

Summary

The Interim Federal Health Program (IFHP) provides “limited and temporary healthcare coverage to some groups of foreign nationals who are vulnerable and disadvantaged, and who are not eligible for health insurance from provinces or territories.”

Between 2020-21 and 2024-25, the cost of the program grew from $211 million to $896 million as both the number of beneficiaries and the cost per beneficiary increased significantly. PBO estimates that total IFHP costs will reach almost $1.0 billion in 2025‑26 and rise to over $1.5 billion by 2029‑30 (Table S-1).Table S-1Projected IFHP cost, millions of dollars

2025­-262026­-272027­-282028­-292029­-30
Total cost9891,1041,2321,3761,522

We project that average annual growth for IFHP costs will be 11.2 per cent between 2025‑26 and 2029‑30, well below the 33.7 per cent average growth observed over the past five years. This slower growth reflects both a moderated increase in the number of beneficiaries and a more gradual rise in average annual costs.

Budget 2025 indicated that a “modest co-payment model” will be introduced to the Interim Federal Health Program for supplemental health products or services. This change to the program is not reflected in our projection. Including this new measure would reduce our estimate of the total cost for the IFHP program.

Source: Projecting the Cost of the Interim Federal Health Program

Toronto Sun commentary: LILLEY: False asylum claims drive refugee health-care program toward $1B price tag

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Conservatives to propose barring non-citizens convicted of crimes from making refugee claims

2026/02/11 2 Comments

Not sure whether this would withstand a Charter challenge but clever move by the Conservatives to choose this issue which most Canadians, immigrants and non-immigrants, would likely support:

The Conservatives are planning to introduce a motion today to bar non-citizens convicted of serious crimes from making refugee claims.

The motion also calls on the government to prevent asylum claims from people whose cases are still working their way through the courts.

Conservative Leader Pierre Poilievre said on social media Monday non-citizens who commit serious crimes “must be forced to leave our country.”

The Conservative motion cites an increase in extortion cases and what they call lax bail laws as reasons for the motion.

British Columbia Premier David Eby and several big city mayors have also pushed Ottawa to close what they call loopholes around asylum claims following a significant rise in extortion violence in his province and many others.

Delegates at the recent Conservative party convention in Calgary called for similar changes to the immigration and justice systems when they voted in favour of a policy proposal saying Canadian taxpayers should not pay for the “rehabilitation of foreign nationals.”

Source: Conservatives to propose barring non-citizens convicted of crimes from making refugee claims

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