Ndayiragije v. Canada
Refugee Family Separation Class Action
Goldblatt Partners LLP and Landings LLP have commenced a proposed class action against the Government of Canada on behalf of refugee families who have endured years of parent-child separation as a result of actions by the Canadian government.
Refugees fleeing persecution are sometimes forced to leave their children behind when they flee. Canadian law addresses this reality. Individuals who are recognized as Convention refugees or protected persons by Canada have the right to permanent residence both for themselves and their children overseas. This right to refugee family reunification is enshrined in the Immigration and Refugee Protection Act, whose stated purpose includes reunifying refugee families “to support the self-sufficiency and the social and economic well-being of refugees.”
This proposed class action alleges that Canada has obstructed the right to family reunification for refugee parents and their overseas children. As of August 2025, the processing time for applications for permanent residence by overseas dependents of protected persons was 50 months. This is in addition to earlier periods of parent-child separation, including the time taken to adjudicate the refugee claim. This system guarantees years of mental anguish and suffering for both refugee parents and their separated children, who are often in dangerous circumstances without parental care or protection.
Canada has ignored numerous recommendations to end this practice of years-long parent-child separation, including from its own Auditor General and House of Commons Standing Committees. Canada also offers no justification for its discriminatory treatment of separated refugee families compared to non-refugee families, who benefit from a 12-month service standard in applications for family reunification.
The proposed class action alleges that Canada’s actions in subjecting separated refugee families to years-long processing delays violate the Charter rights of refugee parents and their overseas children. These actions are discriminatory in violation of s. 15(1) of the Charter on the grounds of family status (for refugee parents), age (for separated refugee children), and race, national and ethnic origin (for both refugee parents and their separated children). The class action also alleges violation of the s. 7 right to security of the person of refugee parents and their overseas children who are forced to endure years of state-imposed psychological suffering without justification.
The proposed class is:
Parent Class: All current and former Protected Persons who were separated from one or more of their Overseas Dependent(s) for six months or longer from the date of submission of the Protected Person’s application for permanent residence, and
Dependent Child Class: All current and former Overseas Dependents who were separated from one or more of their Protected Person parent(s) for six months or longer from the date of submission of their parent’s application for permanent residence.
Read the statement of claim here.
Read the Toronto Star’s coverage here.
If you think you may be a class member or you have information that may be relevant for the case, please contact Elizabeth Lalonde (Smith) at Goldblatt Partners.
The plaintiff is represented by GP’s Tina Yang, Louis Century and Ikram Handulle and Landings LLP’s Erin Simpson.
Media inquiries may be directed to Erin Simpson, Tina Yang or Louis Century.