Refugee Ineligibility According to Shahid v. Canada

Mina, a young woman from Pakistan, fled persecution and sought refuge in the United Kingdom. The UK authorities rejected the claim, leaving her in fear of returning home. She then managed to travel to Canada, hoping for another chance at protection. However, Canadian immigration law deemed her claim ineligible. Her story mirrors the reality of many refugees affected by Shahid v. Canada, 2021 FC 1335. This landmark case reaffirmed Canada’s stance on refugee ineligibility for claimants with prior asylum applications in certain countries.

Canada’s Refugee Ineligibility Rule

Canada bars certain refugee claimants from accessing its asylum system. Under s. 101(1)(c.1) of the Immigration and Refugee Protection Act (IRPA), a person who has already claimed asylum in a country with which Canada has an immigration information-sharing agreement is ineligible for referral to the Refugee Protection Division (RPD).

Which countries are covered by this type of refugee ineligibility?

Canada’s information-sharing agreements apply to the Five Eyes alliance:

• United States
• United Kingdom
• Australia
• New Zealand

If a person claims in one of these countries, they cannot seek asylum in Canada. Instead, they must apply for a Pre-Removal Risk Assessment (PRRA) before removal.

Key Case: Shahid v. Canada, 2021 FC 1335

This case involved three Pakistani Ahmadi Muslim claimants—Saima Shahid, Shahid Masood Butt, and Farida Nusrat—who had previously sought asylum in New Zealand and the United Kingdom. They later applied for refugee protection in Canada but were deemed ineligible under s. 101(1)(c.1) of IRPA. They challenged the decision, arguing that it violated their rights under the Canadian Bill of Rights and the Charter of Rights and Freedoms.

Legal Issues in Shahid v. Canada

The Federal Court addressed two main constitutional arguments:

1. Violation of the Canadian Bill of Rights
   • The applicants argued that IRCC violated their right to a fair hearing under s. 2(e) of the Canadian Bill of Rights, SC 1960, which guarantees fundamental justice.
   • They claimed the PRRA process was insufficient compared to a full refugee hearing at the RPD.
2. Violation of Section 15 of the Charter (Raised by Nusrat)
   • She argued that s. 101(1)(c.1) disproportionately affected certain refugee groups based on gender, religion, or disability.
   • She claimed Canada was delegating refugee obligations to countries with different asylum standards.

The Federal Court’s Decision

The court upheld refugee ineligibility (s. 101(1)(c.1) of IRPA), ruling that:

1. The PRRA Process Meets Fairness Standards

• PRRA applicants receive an oral hearing if credibility is an issue.
• The PRRA process applies the same legal tests as the RPD when assessing risk.
• There is no requirement for a two-stage “bookend” process in which a claimant must have both RPD and PRRA hearings.

2. No Discrimination Under Section 15 of the Charter

• The court found no evidence that the law disproportionately affected certain groups.
• The distinction under s. 101(1)(c.1) is based on prior asylum claims, not personal characteristics like religion or gender.
• Canada’s policy does not delegate refugee protection to other countries—it simply provides a different process (PRRA instead of RPD).

Reaffirmation of Refugee ineligibility in Hossain v. Canada, 2025 FC 217

The Federal Court reaffirmed the Shahid principles in Hossain v. Canada, 2025 FC 217. This case involved a Bangladeshi refugee claimant who first applied for asylum in the United States before coming to Canada. Like in Shahid, IRCC barred him from an RPD referral under s. 101(1)(c.1) and had to go through PRRA. The court upheld the decision, citing Shahid to confirm that:

• The PRRA process is a sufficient alternative to RPD hearings.
• Canada’s ineligibility rule remains constitutional and enforceable.

Impact on Refugee Claimants

Who Is Affected?

• Refugee ineligibility in these circumstances affects those who made a prior refugee claim in a Five Eyes country, regardless of the outcome.

What Are the Options?

1. Apply for a PRRA if IRCC or CBSA refuses rthe eferral
   • PRRA assesses the risk of persecution or harm before deportation.
   • If successful, the applicant receives refugee protection in Canada.
2. Seek Legal Counsel
   • Legal challenges may be available in complex cases.
   • A lawyer can help argue for exceptions based on unique circumstances at the Federal Court. However, for PRRA applications, you may also hire a Regulated Canadian Immigration Consultant. 

Final Thoughts on Refugee Ineligibility

The ruling in Shahid v. Canada clarified that Canada’s refugee system remains strict but fair. Applicants who previously sought asylum in Five Eyes countries must navigate the PRRA rather than the RPD. If you or someone you know is facing a similar situation, book a consultation with me to explore your options.

List of Cases

• Shahid v. Canada (Citizenship and Immigration), 2021 FC 1335 (CanLII), <https://canlii.ca/t/jl3j5>, retrieved on 2025-03-11
• Hossain v. Canada (Citizenship and Immigration), 2025 FC 217 (CanLII), <https://canlii.ca/t/k990f>, retrieved on 2025-03-11

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