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Canada courts turn down asylum claims linked to Khalistan activism

Judges flag “disingenuous” political conversions, repetitive narratives and weak evidence as rejections rise

3 min readChandigarhUpdated: Nov 24, 2025 12:46 PM IST

Canadian courts are overwhelmingly rejecting refugee claims from Punjabi migrants citing persecution for Khalistan support. (File)

In 2025, Canadian federal courts and the Immigration and Refugee Board (IRB) rejected dozens of refugee claims from Punjabi migrants who allege persecution in India for supporting the Khalistan movement, with judges repeatedly describing the applications as opportunistic or lacking credibility.

One emblematic case highlighted in a July 2025 investigation by the National Post involved 22-year-old Gagandeep Singh from Haryana, who initially claimed he fled India after being framed for murder but later amended his story to include pro-Khalistan activism in Canada. The Refugee Appeal Division (RAD) overturned an initial grant of protection, calling it “yet another fraudulent refugee claim” because Singh’s narrative was “strikingly similar” to nearly 200 others prepared by the same Brampton-based consultant, Deepak Pawar. Federal Court Justice Guy Régimbald subsequently criticized the RAD for focusing too heavily on “form over substance,” noting in his ruling that “asylum narratives are not exercises in creative writing,” and sent the file back for redetermination, according to the National Post.

Similar outcomes have become routine. In August 2025, Justice Benoit M. Duchesne upheld the rejection of Amandeep Singh and Kanwaldeep Kaur, a couple who arrived on visitor visas in 2018 and, facing removal, suddenly declared themselves Khalistan supporters complete with Sikhs for Justice (SFJ) voter cards and protest photos, a case recorded in Federal Court file IMM-4214-24. The RAD had already ruled their political conversion “disingenuous and lacking good faith.”

Official IRB statistics underscore the scale of the phenomenon, with Indian nationals—predominantly from Punjab—filing 9,947 refugee claims in the first six months of 2025 alone, representing 18% of all claims processed by the Board, according to IRB data on “Claims by Country of Alleged Persecution – 2025.” CBC News, which cited IRB figures, reported that Indian claims soared from just 225 in 2013 to more than 13,000 in the first eight months of 2024, with rejection and abandonment rates double the global average, in an update published in September 2025.

At least 30 Federal Court judicial reviews of Khalistan-linked claims were dismissed in 2025, with only four sent back for rehearing, according to an analysis of CanLII dockets, and judges have consistently given “minimal weight” to last-minute social-media posts, SFJ referendum cards and templated affidavits from Punjab.

Immigration Minister Marc Miller said in a March 2025 interview with Global News that the government is intensifying audits of consultants and accelerating inadmissibility screenings in response to what some officials privately call abuse of the “Khalistan card.”

Refugee advocates caution against blanket skepticism, and York University professor Sean Rehaag told CBC that acceptance rates for Indian claims reached approximately 50% by 2022, reflecting documented human-rights concerns in some cases. Nevertheless, the courts’ message is clear: participation in Canadian Khalistan rallies or possession of an SFJ voter card, without evidence of pre-flight risk, is no longer enough to win protection.

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As winter removal flights resume, thousands of Punjabi claimants whose work or study permits have expired now face a stark choice: prove genuine, individualized persecution or return home.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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