Pakistani Refugee Wins Canadian Status Review After Six Returns to Homeland
A Federal Court judge has overturned a decision by Canada's Refugee Protection Division that revoked a Pakistani man's refugee status after he returned to his homeland six times, citing the tribunal's failure to properly evaluate critical evidence in the case.
Multiple Returns to Pakistan Despite Refugee Claim
Irfan Ahmad arrived in Canada in 2014 under the "convention refugee abroad" program, claiming persecution as a member of Pakistan's Ahmadi Muslim minority community. However, immigration authorities discovered that between January 2016 and March 2022, Ahmad made six separate trips to Pakistan, spending a total of 336 days in the country he claimed to fear.
The Refugee Protection Division found that Ahmad had "voluntarily re-availed himself of the protection of Pakistan" and noted inconsistencies in his descriptions of who he feared in Pakistan, sometimes citing religious extremists and other times government authorities.
Court Finds Critical Evidence Overlooked
On February 18, 2026, Justice Avvy Yao-Yao Go ruled in favor of Ahmad, stating that the RPD had identified inconsistencies "where none existed" and compounded this error by failing to consider important precautionary measures Ahmad took while in Pakistan.
"While the RPD noted the applicant's evidence that he did not attend mosque or engage with the broader community," Justice Go wrote in her ruling, "the RPD never engaged with this evidence when conducting its analysis on the applicant's intention."
The judge criticized the tribunal for focusing instead on Ahmad's attendance at a "large wedding" with nearly 100 guests, the duration of his visits, and the fact he brought family members to Pakistan, interpreting these as indicators of "a lack of subjective fear of persecution."
Family Obligations Cited as Reason for Returns
Ahmad's legal counsel, Daniel Kingwell, praised the decision in a statement, explaining that his client had returned to Pakistan for essential family duties including his marriage, the birth of his child, and the illnesses and deaths of his parents.
"The court recognized that Mr. Ahmad had provided a number of reasons for returning to Pakistan that were not adequately assessed by the Board," Kingwell wrote, adding 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."
Case Sent Back for Redetermination
Justice Go granted Ahmad's request for a judicial review and sent the case back "for redetermination by a differently constituted panel of the Refugee Protection Division." The judge emphasized that by failing to engage with critical evidence that might rebut the intent to reavail protection, the RPD "fell short of its heightened duty to provide justified, transparent, and intelligible reasons to explain its decision."
The ruling highlights the complex considerations in refugee cases where claimants maintain ties to their countries of origin while asserting legitimate fears of persecution, particularly when family obligations necessitate temporary returns.
