A Turkish man who lost his Canadian refugee protection after allegedly depositing fake cheques and then returning to his home country for nearly a decade has been granted a new opportunity to argue for his right to stay in Canada.
Federal Court Overturns Decision on Refugee Status Cessation
In a recent ruling from Toronto, Federal Court Justice Henry Brown found that a previous decision to strip Musa Durmus of his protected person status was unreasonable. The judge stated the decision failed to explain the reasoning on a critical point, leaving unanswered questions.
Durmus was first granted refugee protection in Canada in January 2001. His claim was based on a fear of persecution due to his political activity and Kurdish ethnicity.
A Complex Journey: Return to Turkey and Name Change
After living in Canada for over 12 years, Durmus returned to Turkey in January 2012. According to court documents, he alleged that shortly after arriving, he was arrested and beaten by Turkish government officials.
Following this incident, Durmus paid a bribe to a judge to legally change his first name. He then obtained a new national ID card and Turkish passport under this new identity. He remained in Turkey for approximately nine years, during which time he was employed, got married, purchased a home, and had two children.
Durmus, who has a grade-five level education and limited English, also claimed he was politically active in Turkey and was detained and beaten again in 2016 for this activity.
Return to North America and Family's Refugee Claims
In March 2021, Durmus left Turkey with his wife and children. They traveled to the United States via Mexico. Approximately two months later, in May 2021, Durmus entered Canada. His wife and children followed and were permitted to file their own refugee claims.
The Refugee Protection Division (RPD) accepted the family's claims based on their association with Durmus. The board found a serious possibility they would face harm amounting to persecution in Turkey due to Durmus's past detentions and his heavy involvement in Canadian Kurdish community activities.
However, shortly after Durmus's return, Canada's immigration minister applied to the RPD for the cessation of his convention refugee status. In September 2023, the RPD found that Durmus had voluntarily re-availed himself of Turkey's protection by living there for years, which resulted in the loss of his protected person status in Canada.
The recent Federal Court ruling does not restore Durmus's status but sends the matter back for redetermination by a different decision-maker, giving him another chance to make his case.
