Egyptian Asylum-Seekers in Canada Speak Out Against ‘Islamophobia’ and Unfair Treatment by Border Agency
Attia Elserfy, along with other Egyptian asylum-seekers, has expressed concerns about the treatment they have received from Canada’s Border Services Agency (CBSA). Elserfy and his family fled Egypt in 2018 and arrived in Vancouver with hopes of starting a new life. However, their lives have been put on hold as the CBSA challenges their admissibility as refugees due to their ties to a political party that is outlawed in Egypt.
Elserfy and his wife participated in a hearing in November 2021 but have not received any updates from immigration officials since then. Unable to work, they have had to rely on welfare after their assets were frozen by the Egyptian government. Elserfy expressed his disappointment, stating that it feels like he is still living under the authoritarian regime he escaped from.
New Democrat MP Don Davies joined Elserfy and other Egyptian asylum-seekers in Vancouver to denounce the CBSA’s treatment of recent claimants affiliated with the Freedom and Justice Party. They argue that the CBSA’s actions are fueled by “Islamophobia” and information provided by the Egyptian government, which is leading Canada to withhold protection and causing severe distress and trauma for these families.
Davies criticized the CBSA for misusing the Immigration and Refugee Protection Act to deny protection solely based on applicants’ links to a political party. He expressed his dismay that Elserfy, who was a labor movement leader in Egypt and an advocate for democracy, is facing such unfair treatment. As a G7 country and a nation of immigrants and refugees, Davies believes it is unacceptable for people to wait five years for a decision, as it has a destructive impact on families and puts their lives on hold.
The CBSA has not provided any immediate comment on the situation of these asylum-seekers. The Immigration and Refugee Protection Act allows Canada to deem a refugee applicant inadmissible if there are reasonable grounds to believe they may have engaged in subversive acts against a democratic government or in terrorism. The Freedom and Justice Party, with which Elserfy and others are affiliated, was dissolved by an Egyptian court in 2014 for its connection to the Muslim Brotherhood.
The Egyptian government, under President Abdel Fattah el-Sissi, has labeled the Muslim Brotherhood a terrorist organization and cracked down heavily on its members. Elserfy explained that he was asked to join the Freedom and Justice Party as a labor activist but was not actively involved in the party. He faced pressure from Egyptian authorities to endorse Sissi’s government, and when he refused, he and his family had to evade authorities multiple times before fleeing to Canada.
Elserfy’s three children gained refugee status in March 2022, but the vetting process by the CBSA was so intense that one child developed suicidal thoughts. Elserfy pleaded with federal Public Safety Minister Marco Mendicino, stating that if his actions result in one of his children committing suicide, it would be on him. He emphasized the toll this situation has taken on his family’s lives and expressed his desperation.
Davies has taken action by submitting letters to both the Immigration and Refugee Board of Canada and Mendicino’s office. He believes that refugees seeking protection in Canada should be treated with dignity and respect, without prolonged periods of uncertainty and insecurity that can have devastating effects on their mental health and well-being.
The plight of these Egyptian asylum-seekers highlights the challenges faced by individuals fleeing political persecution and seeking refuge in Canada. It raises important questions about the fairness of the asylum process and the potential impact of biased information provided by foreign governments. As Canada continues to be a destination for those seeking safety and protection, it is crucial that the system upholds its values of inclusivity and justice.
Legal Opinion:
Introduction:
This legal opinion aims to analyze the concerns raised by Egyptian asylum-seekers regarding the treatment they have received from Canada’s Border Services Agency (CBSA) and the potential influence of Islamophobia. We will examine the relevant legal framework, including the Immigration and Refugee Protection Act, and assess the actions of the CBSA in light of these provisions.
Analysis:
1. Admissibility based on political party affiliation:
The CBSA challenges the admissibility of Egyptian asylum-seekers due to their ties to the Freedom and Justice Party, which was dissolved by an Egyptian court in 2014 for its connection to the Muslim Brotherhood. The Immigration and Refugee Protection Act allows Canada to deem a refugee applicant inadmissible if there are reasonable grounds to believe they may have engaged in subversive acts against a democratic government or in terrorism. However, it is essential to ensure that decisions based on political party affiliation are not arbitrary or discriminatory, and that they are supported by credible evidence of involvement in subversive acts or terrorism.
2. Allegations of Islamophobia:
Egyptian asylum-seekers, including Attia Elserfy, have expressed concerns that the CBSA’s actions are fueled by Islamophobia and information provided by the Egyptian government. While it is crucial to consider all available information when assessing an individual’s admissibility, it is equally important to ensure that decisions are not based on stereotypes or biases. The CBSA should conduct its assessments impartially and without prejudice, taking into account the specific circumstances of each case.
3. Lengthy processing times:
The delay in processing asylum claims, as highlighted by New Democrat MP Don Davies, raises concerns about the impact on families and their well-being. As a G7 country and a nation of immigrants and refugees, Canada must ensure that its asylum system operates efficiently and expeditiously. Prolonged periods of uncertainty can have severe effects on individuals’ mental health and overall well-being. The CBSA should prioritize timely processing of asylum claims to prevent unnecessary distress and trauma.
4. Duty to protect refugees:
Canada has an obligation to protect refugees under international and domestic law. The vetting process conducted by the CBSA should be thorough but should also consider the potential harm caused by excessive scrutiny. The case of Elserfy’s child developing suicidal thoughts during the process raises concerns about the impact of intense vetting procedures on vulnerable individuals, particularly children. The CBSA should exercise caution and sensitivity when assessing the admissibility of asylum-seekers, especially in cases involving potential harm to children.
Conclusion:
Based on the information provided, there are legitimate concerns regarding the treatment of Egyptian asylum-seekers by Canada’s Border Services Agency. It is essential for the CBSA to ensure that its decisions are based on credible evidence and are free from discrimination or bias. The agency should also prioritize timely processing of asylum claims to minimize the negative impact on individuals and their families. As Canada continues to be a destination for those seeking safety and protection, it must uphold its values of inclusivity and justice in the asylum process.