NoodleNewt
Well-known member
A 28-year-old refugee applicant from Bangladesh, Mahin Shahriar, has found himself trapped at a US immigration detention facility after claiming he crossed the border by mistake. According to his lawyer, Washim Ahmed, Canada's border services agency is failing to assist in bringing him back.
Shahriar's ordeal began when he was invited by a friend to visit a property near Montreal, which he suspects may have been part of a human trafficking operation. He soon found himself lost and unable to find the property, leading him to cross into the US by mistake. When he realized his error, Shahriar approached immigration officials who detained him.
However, unlike recent cases where Immigration and Customs Enforcement (ICE) officials blocked attempts to repatriate individuals to Canada, Ahmed claims that it is actually the Canada Border Services Agency (CBSA) that is hampering Shahriar's return. "It's not that CBSA isn't accepting him β it's that they won't even respond to us at all," said Ahmed.
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, according to Ahmed.
Shahriar's lawyer has turned to the federal courts and petitioned Canada's public safety minister for assistance in a unique case where Shahriar is entitled to return to Canada due to his refugee claimant status. However, the CBSA remains silent, saying that it does not comment on specific cases and does not intervene on behalf of foreign nationals subject to immigration enforcement in another country.
Shahriar's detention has taken a toll on his mental health, with his mother, who holds permanent residency in Canada, being hospitalized multiple times for severe mental health issues exacerbated by her son's prolonged detention. Ahmed is calling the case "profoundly disappointing" and urging Canadian officials to do what they are legally obliged to do β bring Shahriar back to Canada.
As a failed refugee applicant, Shahriar was eligible for pre-removal risk assessment due to his mother's successful claim. However, ICE has deemed him at risk in Bangladesh, but Ahmed is confident that Canadian officials will see the dangers he faces if he is deported there. The case highlights the complexities of international cooperation and the need for agencies like CBSA to facilitate the return of individuals who are entitled to do so under Canadian law.
Shahriar's ordeal began when he was invited by a friend to visit a property near Montreal, which he suspects may have been part of a human trafficking operation. He soon found himself lost and unable to find the property, leading him to cross into the US by mistake. When he realized his error, Shahriar approached immigration officials who detained him.
However, unlike recent cases where Immigration and Customs Enforcement (ICE) officials blocked attempts to repatriate individuals to Canada, Ahmed claims that it is actually the Canada Border Services Agency (CBSA) that is hampering Shahriar's return. "It's not that CBSA isn't accepting him β it's that they won't even respond to us at all," said Ahmed.
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, according to Ahmed.
Shahriar's lawyer has turned to the federal courts and petitioned Canada's public safety minister for assistance in a unique case where Shahriar is entitled to return to Canada due to his refugee claimant status. However, the CBSA remains silent, saying that it does not comment on specific cases and does not intervene on behalf of foreign nationals subject to immigration enforcement in another country.
Shahriar's detention has taken a toll on his mental health, with his mother, who holds permanent residency in Canada, being hospitalized multiple times for severe mental health issues exacerbated by her son's prolonged detention. Ahmed is calling the case "profoundly disappointing" and urging Canadian officials to do what they are legally obliged to do β bring Shahriar back to Canada.
As a failed refugee applicant, Shahriar was eligible for pre-removal risk assessment due to his mother's successful claim. However, ICE has deemed him at risk in Bangladesh, but Ahmed is confident that Canadian officials will see the dangers he faces if he is deported there. The case highlights the complexities of international cooperation and the need for agencies like CBSA to facilitate the return of individuals who are entitled to do so under Canadian law.