November 10, 2026 by Marvin Geekie
By Marvin Geekie
Our firm recently obtained Convention refugee status for a young Ukrainian couple whose claim rested on their faith as Jehovah’s Witnesses. The Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada accepted both claims at the end of a single virtual hearing and gave its reasons orally that same day.
At the heart of the case was a basic question: can a state force a person to act against a core tenet of their religion? Religion is one of the five grounds in the Refugee Convention. Canadian refugee law protects people who face persecution for practicing their faith, including for refusing to do what their faith forbids.
Our clients are a husband and wife in their late twenties. They come from a part of eastern Ukraine that has been under Russian occupation for many years. Both are practicing Jehovah’s Witnesses.
In 2021 they left Ukraine to work in a European Union country on temporary work permits. After Russia’s full-scale invasion in February 2022, they came to Canada under the Canada-Ukraine Authorization for Emergency Travel (CUAET). Later they made refugee claims in Canada. Earlier this year they welcomed a baby boy into their family.
Their faith is central to their lives. As Jehovah’s Witnesses, they believe they must not take up arms, whichever side is at war. For the husband, going home meant likely mobilization into the army, with no way to serve that would respect his beliefs.
His wife feared mistreatment because of her faith too. Her father had previously been detained by authorities for being a Jehovah’s Witness. She also feared the war and the Russian occupation of their home city and that there would be no way to keep her family together.
The Board found both clients credible. Based on their testimony and documents, it accepted that they are Jehovah’s Witnesses. That finding placed their claim squarely on the Convention ground of religion.
Freedom of religion means more than the right to worship. It also means not being forced to act against one’s faith. The country evidence showed that Ukraine, under martial law, makes no room for people whose beliefs forbid military service:
The husband testified about how other Jehovah’s Witnesses from Ukraine were treated when they refused to fight. The Board found that this treatment amounted to persecution on religious grounds. For a man of his faith, return meant a choice between breaking a core religious tenet and going to prison.
The Board also found links to two further Convention grounds: political opinion, through the couple’s opposition to taking part in the war, and nationality, given Russia’s war against Ukrainian identity. It held that both clients had a well-founded fear of persecution.
Article 1E of the Refugee Convention excludes people who already have status in a third country that is substantially similar to that country’s nationals. Anyone who lived abroad before coming to Canada has to show that this exclusion does not apply.
Our clients spent under two years in an EU country on work permits tied to their jobs. Their permits needed regular renewal. The national documentation showed that the special extensions offered to Ukrainians there must be applied for and are temporary. Permanent status in that country generally requires five years of residence.
The Board found that their status had been temporary and was not akin to that of nationals. Article 1E did not apply.
Note: Ukrainians who lived elsewhere in Europe before coming to Canada should gather evidence of exactly what status they held, how long they held it, and whether it could be renewed or has lapsed.
A refugee claim also fails if the claimant’s own state can protect them, or if they could live safely in another part of their country. Neither applied here.
State protection. For the husband, the threat of punishment for following his faith comes from the Ukrainian state itself. The Board also found that, during the war, Ukraine cannot adequately protect its territory or its citizens.
Internal flight alternative. The war affects the whole country. Between them, the Ukrainian state and the Russian occupiers control all of its territory. The Board also noted that UNHCR continues to call on states not to forcibly return Ukrainians while the armed conflict goes on. There was no safe place in Ukraine for the clients to relocate.
Canada’s refugee rules have since changed. Under the Strong Borders Act, a person who has been in Canada for more than one year can no longer make a refugee claim. Most Ukrainians who came under CUAET are past that point, so a new claim is not an option for them.
That does not mean there are no options. Ukrainians whose temporary status is running out should get advice early about other ways to stay in Canada, and about how any risk they face would be assessed before removal.
For claims already before the Board, this decision shows what can succeed: credible, consistent testimony about one’s faith, solid proof of religious membership and practice, and a clear account of any time spent in other countries.
After a positive decision, protected persons can apply for permanent residence. Interim Federal Health Program coverage lasts only 90 days from the decision, so apply for provincial health coverage right away.
We would be happy to set up consultation to discuss your unique situation. Email us at imm@fhplawyers.com or call 250-980-2305.