A federal judge has denied three U.S. citizens refugee status in Canada in a case that spent six years on appeal.
“Protection offered by a state need only be adequate and does not have to be perfect.”
A federal appeal board had previously granted refugee status to a mother and two children, all U.S. citizens from Michigan, who arrived in Ontario in 2016.
The woman claimed to be fleeing an ex-husband, though evidence showed that she was wanted on a U.S. warrant for alleged child abduction, according to Blacklock’s Reporter.
The Refugee Appeal Division said “the United States could not provide them with adequate state protection” and that the three were “refugees and persons in need of protection.”
They were “fleeing to safety” from Michigan, the court was told.
McDonald quashed that decision, sending the case back to immigration authorities for further review.
“Even with local police failures this does not amount to a lack of state protection,” a court document reads.
Canada’s acceptance of refugee claims from U.S. residents have been repeatedly protested by opposition MPs.
“There is no such thing in people’s minds, mine included, as a refugee from the United States. It’s just not there,” then-Conservative MP Larry Miller said at a House of Commons immigration committee hearing in 2017.
The legal challenge was brought on behalf of Syrians, Ethiopians, and El Salvadorians, including those who lived in the United States for years before trying to claim refugee status in Ontario and Quebec.