Former Pakistani Police Officer Wins New Chance at Canadian Refugee Status Despite Deportation Order
A Federal Court judge has granted a former head constable with Pakistan's Punjab Police Service, who was previously ordered deported from Canada for his involvement with a force accused of systemic human rights abuses, another opportunity to pursue refugee status in the country.
Background of the Case
Munir Ahmad Malhi, a citizen of Pakistan, arrived in Canada with his wife in January 2020 and promptly sought refugee protection. Malhi had served with the Punjab Police Service for an extensive period of thirty-seven years, from 1979 until his retirement in 2016.
Initially, Canada's Refugee Protection Division recognized Malhi and his wife as convention refugees, determining that as adherents to the Ahmadiyya faith, they faced a serious risk of persecution in Pakistan. However, this decision was appealed by the immigration minister at the time, who argued that Malhi should be excluded from refugee protection due to his service with a police force implicated in crimes against humanity.
Immigration Division Findings
Following a referral to Canada's Immigration Division for an admissibility hearing, a comprehensive five-day proceeding in 2024 resulted in significant findings. The Immigration Division concluded that the Punjab Police Service had indeed committed crimes against humanity and that Malhi was complicit in those crimes.
The evidence presented was substantial and compelling. The Immigration Division relied on extensive objective documentation filed by the minister, which detailed systemic human rights abuses perpetrated by the Punjab Police Service. These abuses included torture, rape, enforced disappearances, and extrajudicial killings—all constituting crimes against humanity under international law.
Malhi did not dispute the generalized evidence about the Punjab Police Service's violent tendencies, acknowledging that such knowledge is common in Pakistan. The minister did not allege that Malhi was personally involved in committing these atrocities. Instead, the central issue was whether his long-term service and contributions to the police force made him complicit in their crimes.
Contradictions in Testimony
During the proceedings, Malhi attempted to portray himself as a low-level mail carrier with minimal involvement in policing activities. However, the Immigration Division found this account inconsistent with his official service records, which indicated a more significant role within the force.
The Immigration Division focused on several key factors in reaching its conclusion:
- Malhi's lengthy thirty-seven-year tenure with the Punjab Police Service
- His promotion from constable to head constable during his career
- The receipt of multiple service awards throughout his employment
Based on these elements, the Immigration Division determined there were reasonable grounds to believe that Malhi had made a knowing, voluntary, and significant contribution to the Punjab Police Service's human rights abuses.
Federal Court Intervention
Despite the deportation order stemming from these findings, a Federal Court judge has now intervened, providing Malhi with another chance to pursue his refugee claim in Canada. This judicial decision represents a significant development in a complex case that balances immigration law with international human rights considerations.
The case highlights the challenging legal determinations Canadian authorities must make when evaluating refugee claims from individuals associated with organizations accused of systematic human rights violations. It also underscores the ongoing judicial review process that can extend such immigration proceedings for years.
