Court Upholds Refugee Denial: 13-Year US Stay Undermines Credibility
- Citation
- 2026 FC 174
- Decided
- Court file
- IMM-19096-24
- Full judgment
- Read the decision
Case Law Overview
Rahman v. Canada (Citizenship and Immigration), 2026 FC 174
A Bangladeshi citizen claimed refugee protection from an extremist group but had lived without status in the United States for over 13 years before coming to Canada. The Refugee Appeal Division (RAD) denied his claim, finding he had a viable Internal Flight Alternative (IFA) in Bangladesh and his failure to claim asylum in the US negatively impacted his credibility.
Court Ruling
The Federal Court dismissed the application for judicial review, finding the RAD's decision was reasonable. The Court confirmed that a prolonged failure to seek asylum in a safe country can reasonably demonstrate an absence of fear, and upheld the RAD's assessment that the persecutors lacked the motivation to find the applicant in an IFA.
Key Quote from the Court
I find that the RAD's credibility determination was entirely reasonable, as the failure of the Applicant to seek refugee protection in the United States demonstrated an absence of fear. Further, the one-year deadline to claim refugee protection does not explain the Applicant's failure to claim protection within that one-year period such that it does not assist the Applicant in attempting to demonstrate the asserted reasonableness of his explanation. (at para 9, 5)
Expert Takeaways
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Actions Undermine Fear Claims Living for an extended period in a safe country like the U.S. without seeking asylum can be interpreted as a lack of subjective fear, severely damaging the credibility of a subsequent refugee claim in Canada.
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Proving Ongoing Risk in an IFA To successfully argue against an Internal Flight Alternative (IFA), an applicant must show that persecutors have both the 'means' and the 'motivation' to find them. A long passage of time with no contact or threats to family members weakens the argument for ongoing motivation.
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Ignorance of Law is a Weak Defence Claiming ignorance of the asylum process in another country is often not a persuasive explanation for failing to seek protection. Decision-makers expect individuals with a genuine fear of persecution to seek safety at the earliest opportunity.
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Burden of Proof is on the Applicant In an IFA analysis, the onus is on the applicant to provide sufficient evidence to demonstrate a risk of persecution throughout the country. An applicant's own belief and the presumption of truth are not enough to meet this evidentiary burden without supporting facts.
There is a deadline on this
That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.
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Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.
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Questions people ask after reading a case like this
Does this mean my own case will succeed?
No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.
How long do I have to challenge a refusal?
Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.
What actually happens at the Federal Court?
Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.
Do I have to be in Canada to bring an application?
No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.
What happens in the free 15-minute review?
You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.
More Refugee Claim / Asylum rulings
Federal Court Slams Refugee Board's 'Unreasonable' Credibility Findings
Federal Court: IRCC's Delays Cannot Justify Further Delays in Refugee PR Case
Federal Court: Failure to Prove Identity is Fatal to a Refugee Claim
Federal Court: Inconsistent Testimony Fatal to Refugee Credibility
Written by
Ali Dadkhah
Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)