A Canadian court has rejected the asylum petition of a Bangladeshi national, Mohammad Jypsed Ibne Haque, for his involvement with the opposition BNP politics.
The court said he was “inadmissible” to Canada on “security grounds” under the Immigration and Refugee Protection Act (IRPA) because “he was a member of an organization that there were reasonable grounds to believe engages, has engaged or will engage in acts referred to in IRPA paragraph 34(1)(b), namely, engaging in or instigating the ‘subversion by force of any government.’”
According to the court proceedings, Jypsed Haque claimed to fear persecution by the Awami League due to his membership and active role in BNP politics between January 2011 and November 2015.
BNP was active on the street with violence, and arson attacks surrounding the 2014 general elections that the party finally boycotted citing no-confidence in the ruling Awami League.
Jypsed Haque initially entered Canada in August 2013 on a study permit. He returned to Bangladesh in September 2015, prior to the expiry of the permit. He re-entered Canada in November 2015.
In January 2016, the Canada Border Service Agency (CBSA) made a report against the applicant, alleging that he was inadmissible to Canada for misrepresentation.
His study permit was identified as part of a larger group suspected of having obtained study permits through the use of fraudulent academic transcripts. In February 2016, a warrant for his arrest was issued.
The applicant attempted to make a refugee claim on March 2, 2018 but was referred to the CBSA, which arrested him. He was released on March 5, 2018.
On March 23, 2018, the applicant made a claim for refugee protection in Canada.
The application was sent for judicial review in which the applicant asked the court to set aside an inadmissibility decision of the Immigration Division of the Immigration and Refugee Board of Canada dated June 10, 2022.
The court gave the final verdict on June 15 rejecting his appeal.
“The Immigration Division (ID) found reasonable grounds to believe the BNP was an organization that had engaged in or instigated the subversion by force of the Awami League government in Bangladesh.”
The ID, however, did not find reasonable grounds to believe that the BNP was an organization that had engaged in “terrorism.”
Earlier, on May 12 in 2017, the Canadian Court rejected an appeal for asylum of a leader of Jubo Dal, the BNP’s youth wing, saying that there was sufficient cause to believe “the BNP is an organization that engages, has engaged or will engage in terrorism.”
During that case, the applicant requested his name be withheld from the verdict.
