Based on coverage from CTV, Global, and CityNews Halifax.
Caught in a bureaucratic limbo, Mahin Shahriar, a refugee applicant from Bangladesh, finds himself in a U.S. detention facility after an unintended border crossing. This twist of fate has left him in a precarious situation, with Canada seemingly unwilling to take him back.
Shahriar's journey began with a simple desire to escape his troubles temporarily. Battling depression, he accepted an invitation from a friend to stay near Montreal. However, the directions he received led him to a rural road near the Canada-U.S. border. Guided by phone instructions, Shahriar inadvertently crossed into the United States. Realizing his mistake, he approached U.S. border patrol officers, hoping for assistance back to Canada. Instead, he was detained.
Shahriar's lawyer, Washim Ahmed, argues that his client is at risk of detention and torture if deported to Bangladesh, where he faces obstruction of justice charges for aiding his family's escape. Shahriar, his mother, and sister fled to Canada after his parents' marriage dissolved. His mother is a recognized refugee, and his sister is attending school full-time. Shahriar, meanwhile, has been supporting them by driving an Uber since arriving in Canada in 2019.
The situation is further complicated by the Safe Third Country Agreement, which stipulates that a refugee cannot claim asylum in Canada or the U.S. if they first arrived in the other country. Ahmed contends that since Shahriar was detained within 14 days of entering the U.S., he should be returned to Canada. However, the Canada Border Services Agency (CBSA) has not facilitated his return, citing that entry into Canada is assessed on a case-by-case basis.
Ahmed is pushing for an urgent Federal Court hearing to argue for Shahriar's return to Canada on humanitarian grounds, emphasizing his established ties and family presence in the country. Despite Shahriar's initial refugee application being rejected—allegedly due to a fraudulent immigration consultant—his family’s asylum status in Canada remains valid.
The ordeal has taken a toll on Shahriar's family. His mother has been hospitalized multiple times due to depression, and his sister is struggling to balance work, study, and financial responsibilities.
While Shahriar's case highlights the complexities and challenges within the immigration systems of both Canada and the U.S., it also underscores the human cost of bureaucratic entanglements. As his legal team continues to fight for his return, Shahriar remains in detention, caught between two countries and a maze of legalities.
