Court overturns fourth refugee appeal decision
A Turkish man who was denied refugee status in Canada a decade ago after shooting two bystanders at a restaurant has won another chance to stay in the country. The Federal Court of Canada ruled on June 29, 2026, that the Refugee Appeal Division (RAD) failed to properly consider whether the crime fell within the less serious or more serious range of Canadian criminal provisions.
Nevzat Etik, an ethnic Kurd, initially claimed refugee protection in Canada in July 2015 based on a fear of persecution from local police in Turkey and his political opinion. His claim was first rejected by the Refugee Protection Division (RPD) in May 2016, beginning what Justice Cecily Strickland described as "a very long procedural history."
Details of the crime
Etik was convicted in Turkey for intentionally injuring two persons in a restaurant with gunfire and possessing an unlicensed firearm. The shooting occurred 18 years ago when Etik aimed at his former brother-in-law but hit two bystanders, who survived. He was sentenced to three and a half years' imprisonment.
According to the Federal Court decision, the Turkish court synopsis indicated that Etik and his former brother-in-law had an argument over the phone regarding a child custody matter and agreed to meet at the restaurant, where the shooting took place.
Lengthy procedural history
After entering Canada without authorization on July 18, 2015, Etik made a refugee claim. The RPD first rejected his claim in May 2016, and the RAD upheld that decision in July 2017. In February 2018, the Federal Court granted a judicial review and sent the matter back to the RAD for redetermination. The RAD dismissed his appeal again in June 2018, finding he was excluded due to serious criminality.
Etik applied to re-open his appeal in fall 2018 and sought another judicial review. The Federal Court granted that review in May 2019, and the RAD allowed the appeal to be reopened in August 2019. In July 2021, the RAD granted Etik's appeal and sent the case back to the RPD for redetermination on exclusion and inclusion issues. However, the RPD rejected his claim again in April 2023, and the RAD dismissed his subsequent appeal, leading to the fourth RAD decision that was the subject of the latest judicial review.
Court's reasoning
Justice Strickland found that the fourth RAD panel failed to adequately consider whether the crime fell within the less serious or more serious range of the Canadian criminal provision. The judge noted that the panel considered whether there were serious reasons to believe that Etik committed the crime but did not properly assess the severity of the offense.
The decision gives Etik another opportunity to argue his case before the RAD, which must now reconsider its assessment of the crime's seriousness. The ruling does not guarantee Etik will be allowed to stay in Canada but requires the RAD to properly evaluate the nature of his criminal conviction.
Implications for refugee law
This case highlights the complexities of refugee claims involving individuals with criminal convictions, particularly when the crimes occurred in another country. The Federal Court's decision emphasizes the need for refugee tribunals to carefully evaluate the severity of foreign convictions under Canadian legal standards.
Etik's case has been ongoing for over a decade, reflecting the lengthy appeals process that can occur in Canadian refugee proceedings. The outcome of the next RAD hearing will determine whether Etik ultimately receives protection in Canada or faces removal.
