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Amnesty International calls on Canada to uphold its international law obligations after Syrian trans woman refused asylum

Amnesty International Canada urgently calls on the Canadian government to reinstate its approval of Arwa Almsrawi, a trans woman from Syria, to settle in Canada. Canada’s decision to rescind its approval while she was in transit has put her at immediate risk of return to Syria, where Almsrawi faces serious risk of death or other harms.

Canada approved Almsrawi’s resettlement after she fled to Saudi Arabia. On her way to Canada in February, she was stopped in Istanbul and has been confined at the airport since then. On September 17, 2024, Canada abruptly cancelled Almsrawi’s approval for resettlement, leaving her in danger.

Almsrawi cannot legally enter Turkey or return to Saudi Arabia. Without action from Canada, she is at risk being sent back to the Syrian border on October 2, 2024.

‘Canada has an obligation to refrain from transferring individuals to places where they face a real risk of serious human rights violations.’

Ketty Nivyabandi, Secretary General, Amnesty International Canada

“By revoking Arwa’s status, Canada is violating its responsibility to protect individuals fleeing persecution and failing to uphold its international law commitments,” said Ketty Nivyabandi, Secretary General of Amnesty International Canada’s English-speaking section. “Under Article 33 of the Refugee Convention, Canada has an obligation to refrain from transferring individuals to places where they face a real risk of serious human rights violations.”

Stranded in Istanbul airport for eight months

Almsrawi has been confined in detention-like conditions at Istanbul International Airport for more than eight months, with little communication from the authorities about her case and the threat of deportation hanging over her head. This, along with the anti-trans discrimination she has faced throughout her journey, has escalated into a mental-health crisis for Almsrawi. As she puts it, “Why did you ask me to leave my home if you won’t help me? Why have you done all this to me if Canada doesn’t want me?”

Almsrawi is facing imminent refoulement as a direct result of Canada transporting her out of her country of asylum and then revoking her status while she was in transit.

Amnesty International’s research has shown that civilians returning to Syrian government-controlled areas must undergo a “security clearance,” which includes interrogations by Syrian security forces. The forces are responsible for widespread human rights violations and abuses, including torture, extrajudicial executions, and enforced disappearances, which amount to crimes against humanity. These practices fit a pattern of systematic abuse committed by Syrian government forces that has been reported by Amnesty International, the UN, and various human rights organizations. Amnesty’s research also indicates a high rate of gender-based violence in Syria, bringing a heightened risk to Almsrawi as a trans woman.

Nivyabandi stated, “We urge Canada to secure Arwa’s immediate release from her prolonged and unjust detention. The government must bring her to safety before her situation deteriorates further.”

Background

Assessments of international experts on Syria and the UN Refugee Agency have concluded that Syria is not a safe country for deportation of nationals. 

Amnesty International has reported on sexual violence and gender-based violence in Syria, particularly against returning refugees and individuals in detention.

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