Truck driver in Canada, who worked there for 8 years, asked to return to India along with wife and kids after rejection of refugee claim

After spending nearly eight years in Quebec, an Indian family has returned to India following the rejection of its refugee claim and an appeal seeking permission to remain in Canada on humanitarian grounds.

Harish Kumar, his wife Sonika and their children, Japesh and Gaulash, left Canada for India on September 7 after being ordered to leave the country. The family had arrived in Canada in April 2018, with Kumar seeking refugee protection after claiming that he feared for his life in India.

Their case went through years of legal proceedings before Canadian authorities ultimately rejected the family's claim.

Family was given one month to leave Canada

According to Kumar, the family was informed on August 4 that their refugee claim had been rejected and that they had until September 7 to leave Canada. The case took a particularly difficult turn when Kumar's wife was detained by the Canada Border Services Agency (CBSA) in the week before their departure, he said.

The family's removal has drawn criticism from the Immigrant Workers Centre, an organisation that advocates for immigrant rights. The organisation pointed to Kumar's work as a truck driver, saying he continued delivering goods during the Covid-19 pandemic. It argued that workers such as Kumar were considered essential when their labour was needed, but that years of work, tax payments and community contributions did not ultimately prevent the family from being removed.

Children had spent years growing up in Quebec

The family's return to India also means a major change for their children, who had spent several years attending school and growing up in Quebec. The Immigrant Workers Centre said removing children who had spent much of their formative years in Quebec would have a significant impact on them.

The organisation also questioned whether the treatment of the family reflected the values Canada claims to uphold in comparison with its southern neighbour, the United States. For the family, however, the years spent in Canada have now come to an end after the immigration process resulted in a removal order.

Why was the family ordered to leave?

Canadian immigration authorities cited Section 48 of the Immigration and Refugee Protection Act in explaining the removal process. Under the provision, once a removal order becomes enforceable, the CBSA is required to remove the person from Canada as soon as reasonably practicable.

In the Kumar family's case, the immigration proceedings stretched across roughly eight years before the final removal took place. The family had also received support through a Change.org petition launched before their departure. The petition alleged that Kumar had operated a small grocery shop in Goraya, Punjab, and had been asked for money during election campaigning before allegedly receiving threats to his life.

Those allegations were part of the family's case for remaining in Canada. However, their refugee claim and subsequent humanitarian appeal were ultimately unsuccessful, leading to their return to India after years of living in Quebec.