The Downtown Legal Services fight to reunite three men with their families in Canada

by Nina Haikara

As a result of her experience with Downtown Legal Services (DLS), University of Toronto Law student Rachel Bryce, 4L, says she is motivated to practice refugee and immigration law in future.

“DLS is hands-down the best experience I've had at law school,” says Bryce, who will graduate from the joint program in law and global affairs this spring.

“To me, DLS offers the perfect mix of advocacy, activism, client counseling and legal work. You get to do the work of an associate in your law school career – and that opportunity is unparalleled.”

Next year marks 50 years of community outreach and support — representing marginalized and underrepresented members of our community. Each year 140 U of T Law students work in the community clinic and clinical education program annually, providing service to nearly 2,000 people across the GTA.

“DLS is an amazing community of bright, dedicated and caring people. Even throughout the pandemic, when we weren’t in-person, DLS created a lovely work environment and that's something that I'm going to miss a lot when I graduate,” says Bryce.

Bryce had spent a year as a part-time clinic student when she was assigned to support Ayub Mohammed’s case last spring, working under the supervision of DLS staff lawyer Prasanna Balasundaram, who oversees the refugee and immigration division of the clinic.

“Prasanna does an excellent job of asking really interesting and challenging questions for us to answer and work on, both in client counseling and in these larger advocacy pieces,” says Bryce.

Mohammed is Uyghur, who are Turkic speaking Muslims. The largest population live in Xinjiang, China and they have faced persecution by the Chinese government. 

As Bryce explains, Mohammed’s ordeal began 20 years ago, when he and a group of Uyghur men were at the wrong place at the wrong time.

Following an explosion in an Afghan village, Mohammed and the group  – who had left China for education, employment, or building a better quality of life – were captured by Pakistani individuals and accused of being part of a terrorist group. Later, they were turned over to U.S. authorities and held as enemy combatants in Guantanamo Bay.

“Confused, frightened and uncertain about their futures, the [men] maintained their innocence all throughout the process,” says Bryce. “After three and a half years detained in Guantanamo Bay, the Combatant Status Review Tribunal in the United States found Ayub to be innocent and not enemy combatants, therefore exonerated and due to be released.” The other two men now represented by DLS were not exonerated until September 2008, after being detained for more than over six years.

“The prolongation of their stay [in Guantanamo] was mostly due to geopolitical manoeuvrings to find countries that would accept them.”

Only Albania, Bermuda, and the Pacific island of Palau were willing to admit the Uyghur men as refugees.

Mohammed now lives in Albania. Salahidin Abdulahad and Khalil Mamut, who are also represented by DLS, reside in Bermuda. The Uyghur Three, as they have come to be known, have since all married and have applied to come to Canada to be reunited with their families.

Melike, Mohammed’s wife, is a Canadian citizen who lives in Montreal with their two children.. Melike was sponsored by her father, who came to Canada as a refugee.

Aminiguli married Mamut in Bermuda, but later immigrated to Canada, when their eldest son sought medical treatment from Toronto’s SickKids Hospital.

In Mohammed’s case, Melike’s 2016 spousal application for permanent residence was found to be inadmissible under section 34(1)(f) of the Immigration and Refugee Protection Act, where one is found to be inadmissible to Canada on security grounds. DLS became involved in bringing this decision to federal court to have it overturned.

“[It] is clearly stipulated in our immigration law, that they have a right to be fairly evaluated and sponsored by their families,” says Bryce, who ended her term as a clinic student, but for continuity continues to support the case voluntarily.

“[These are] men who we know are well-meaning and non-violent. In fact, the U.S. government found that they didn't do anything wrong.”

"It's been quite helpful looking at the procedural history case in terms of determining next steps for Salahidin and Khalil ,” says Alexa Cheung, 2L.

Cheung joined DLS as full-time caseworker in the summer and is continuing her work as a part-time clinic student this academic year, assigned to Mamut’s case.

While Mohammed’s case was being redetermined, Abdulahad’s and Mamut’s cases were being determined for the first time. Mohammed’s application was once again found to be inadmissible, raising concerns for Abdulahad and Mamut’s cases as well.

“We have really left no stone unturned in this process,” says Cheung.

“From a legal perspective, we're back in the position of either having to judicially review Ayub’s [Mohammed] decision, or seek the minister's intervention to say, this man should be reunited with his family,” says Bryce.

“It's very opaque. We have no sense of what [immigration] officers say to one another and how involved the Canadian government is in these decisions.

“Prolonged delays have prevented us bringing these cases forward together.”

DLS is applying for judicial review to the Federal Court challenging the second inadmissibility finding in Mohammed's case. The clinic continues to raise awareness and share the Uyghur Three’s story in media, including the Toronto Star and Canadaland podcast.

Cheung says DLS’ refugee clients have experienced unimaginable trauma. They had to leave everything in their homeland behind and are now trying to navigate the new challenges of settling in an unfamiliar country.

Refugee and immigration cases are often lengthy and complex — DLS has, for example, been representing one client for 11 years. 

“I knew going in it would be not an easy summer, but when I first looked at [Mamut’s] file, I was in shock,” says Cheung.

“I never thought that I would be able to do [this type of case work] after just one year at law school,” she says.

“We feel a great deal of personal responsibility for these men.”