ISLAMABAD: A Federal Court in Canada has overturned a deportation orderagainst a former head constable of the Punjab Police Service, providing himanother opportunity to pursue refugee protection despite findings of hisvoluntary contribution to the force’s systemic crimes against humanity. Theruling, issued in early January 2026, highlights complexities in assessingindividual complicity within organizations accused of widespread humanrights abuses. The case involves Munir Ahmad Malhi, who served in thePunjab Police for 37 years until his retirement in 2016 and arrived inCanada with his wife in January 2020, claiming persecution risks as membersof the Ahmadiyya faith.
The Refugee Protection Division initially granted the couple conventionrefugee status, recognizing serious threats to Ahmadis in Pakistan fromreligious persecution. However, Canada’s immigration minister appealed,arguing Malhi’s service in the Punjab Police Service excluded him fromprotection due to the organization’s involvement in crimes againsthumanity. The Refugee Appeal Division upheld the appeal and remitted thematter back for reconsideration, setting the stage for further proceedings.
In April 2022, a Canada Border Services Agency interview raisedinadmissibility concerns tied to Malhi’s police background. After afive-day hearing in 2024, the Immigration Division concluded that thePunjab Police Service had engaged in systemic human rights violations,including torture, rape, and extrajudicial killings, constituting crimesagainst humanity under international standards. It determined Malhi made avoluntary, significant, and knowing contribution to these acts through hismembership and role, even absent direct personal involvement in specificincidents.
The Immigration Division’s finding relied on established reportsdocumenting the Punjab Police’s pattern of abuses, particularly duringperiods of counter-insurgency operations against militants and in handlingpolitical or religious dissidents. International human rights organizationshave long criticized the force for impunity in custodial deaths, forceddisappearances, and excessive use of force, with Punjab often cited forhigh complaint volumes against officers. Such systemic issues have led tomultiple Canadian immigration cases excluding former members under section35(1)(a) of the Immigration and Refugee Protection Act.
Malhi challenged the Immigration Division’s decision through judicialreview in Federal Court. In its January 6, 2026 ruling, the judge foundprocedural shortcomings in the tribunal’s analysis, particularly itsfailure to adequately weigh the mixed nature of the Punjab PoliceService—not all units or periods involved abuses—and Malhi’s relatively lowrank as a head constable. The court noted that complicity assessmentsrequire nuanced evaluation of factors like rank, duration of service,knowledge of crimes, and opportunities to prevent or distance oneself fromwrongdoing.
This decision aligns with Canadian jurisprudence emphasizing individualizedassessments in complicity cases, drawing from Supreme Court precedents thatreject blanket exclusions based solely on membership in an organization.The ruling remits the matter back to the Immigration Division forredetermination, effectively pausing deportation and allowing Malhi toargue his case anew, potentially strengthening defenses around limitedinvolvement or lack of senior authority.
Broader implications extend to Canada’s handling of refugee claimsinvolving security forces from countries with documented human rightsconcerns. Pakistan’s Punjab Police has faced scrutiny in global reports forviolations, including extrajudicial actions and torture, contributing torefugee outflows. Canadian authorities balance humanitarian obligationswith inadmissibility provisions under the Crimes Against Humanity and WarCrimes Act, which bars those complicit in such offenses.
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The case underscores challenges in proving individual responsibility withinlarge institutions where abuses may be localized or episodic. Human rightsadvocates argue for careful distinctions to avoid punishing low-levelofficers unaware of or unable to stop higher-level directives, whilecritics of lenient rulings express concerns over potential safe haven risksfor those linked to abusive regimes.
Malhi’s renewed chance reflects evolving judicial oversight in immigrationmatters, where Federal Court interventions ensure procedural fairness andevidence-based decisions. As proceedings resume, the outcome couldinfluence similar cases involving former security personnel from Pakistanand other nations facing analogous allegations.
Source:https://nationalpost.com/news/canada/pakistani-cop-refugee-status
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