A relative of former Libyan dictator Muammar Gaddafi has been granted a new opportunity to remain in Canada after a Federal Court appeal, based on a surprising legal argument: his connections to the brutal regime were significantly closer than initially assessed by immigration authorities.
The Unusual Appeal
Seraj Essaadi El Ferjani Ahmed, a Libyan citizen who has been in Canada since 2017, appealed a decision from the Immigration and Refugee Board (IRB) that denied him refugee protection last year. The IRB had concluded that Ahmed only had a low-level association with the Gaddafi regime and could safely return to Libya.
Ahmed's legal team presented a counter-intuitive argument, claiming the board erred in its assessment. They contended that his familial ties were far more substantial and dangerous, making him a potential target in post-revolution Libya.
A Notorious Uncle
Evidence submitted to the Federal Court reveals that Ahmed's uncle is Mansour Daou, a man deeply entrenched in Gaddafi's inner circle. Daou, also known as Dhao or Dao, was not a minor official but served as Gaddafi's top security official and the leader of the feared People's Guard.
Described as Gaddafi's cousin and one of the few men trusted with the dictator's personal safety, Daou's loyalty was absolute. He was with Gaddafi during the leader's final moments in 2011, fleeing with him in a convoy from Sirte when it was struck by a NATO jet.
Contemporary news reports, including accounts from The New York Times and CNN, detail how Daou was in a car with Gaddafi during the attack. They subsequently hid in drainage pipes before Gaddafi was captured and killed by rebels. Daou stated he lost consciousness from his wounds and did not witness the dictator's death.
Context and Implications
Ahmed was approximately 16 years old at the time of Gaddafi's overthrow and death. Born in 1995, he was not alive for much of Gaddafi's 42-year rule, a period marked by the dictator's anti-Western stance, alliance with the Soviet Union, and sponsorship of international terrorism.
The original IRB decision stated that only high-ranking officials or those with close associations with Gaddafi's family or security forces were in danger in modern Libya. By successfully arguing that his connection through his uncle Mansour Daou placed him squarely in this high-risk category, Ahmed has secured a new hearing for his claim, reopening his path to potential asylum in Canada.
