Refused Entry to Canada?
Every year, millions of individuals seek entry to Canada. All travellers—whether visitors, workers, students, or permanent residents—must be examined by an officer of the Canada Border Services Agency (CBSA) at a port of entry. While many entries are routine, some individuals may be denied admission to Canada, even if they have previously entered without issue.
Applications for admission to Canada may be denied for a variety of reasons. Applicants can be inadmissible to Canada as a result of a criminal conviction in another jurisdiction, a finding that there has been a material misrepresentation, or even simply that a person is not eligible as they do not meet the requirements of the Immigration and Refugee Protection Act.
Being denied entry can be stressful and confusing. However, a denial of admission at the border does not necessarily mean that your situation cannot be resolved. With the right legal strategy, there are often ways to address the concerns raised by CBSA and facilitate future entry.
Resolving Border Issues Informally
In some cases, issues at the port of entry can be resolved without formal proceedings. CBSA officers may be persuaded to reconsider a decision where additional documentation, clarification, or legal submissions demonstrate that the traveller meets the requirements of Canada’s immigration laws and policies. Early intervention by an experienced immigration lawyer can be critical in these situations.
Withdrawal of Application for Admission
Where concerns cannot be immediately resolved, a traveller may be offered the opportunity to voluntarily withdraw their application for admission. This allows the individual to leave Canada without receiving a formal refusal or removal order. By doing so, the traveller may preserve their ability to return at a later date after addressing any deficiencies—such as incomplete documentation, admissibility concerns, or questions regarding intent.
Temporary Resident Permits
A Temporary Resident Permit (TRP) allows an individual to overcome their inadmissibility or ineligiblity to Canada and enter for a limited and temporary purpose. In certain circumstances, applications for a TRP can be made at a port of entry and issued by an officer at the time of arrival to Canada.
The decision whether to issue a TRP is discretionary in nature, making it difficult to predict admission to Canada with any degree of certainty.
Approval of Rehabilitation
If you are in admissible to Canada because you committed or have been convicted of a criminal offence outside of Canada, you may be eligible to apply for the Minister’s Approval of Rehabilitation after at least five years have passed following the completion of your sentence. Depending on the nature and severity of your offence, you may be deemed to have been rehabilitated if 10 years have passed since the expiry. However, Unlike a TRP, the Minister’s Approval of Rehabilitation cannot be granted at a port of entry to Canada.
Appeals and Legal Challenges
In more complex cases, formal legal action may be required to challenge a refusal at the border.
Permanent residents who are alleged to be in breach of their residency obligation may have a right of appeal to the Immigration Appeal Division (IAD), where humanitarian and compassionate arguments can be advanced.
In other cases, particularly those involving foreign nationals, it may be necessary to commence an application for judicial review before the Federal Court of Canada. This process involves a legal challenge to the lawfulness, reasonableness, or procedural fairness of the officer’s decision.
Strategic Legal Advice Matters
Decisions made at a Canadian port of entry can have significant and lasting immigration consequences, including findings of inadmissibility, removal orders, or future entry restrictions. Obtaining timely and informed legal advice is essential to protect your rights and identify the most effective path forward.
Frequently asked questions about
Refused Entry to Canada?
All decisions made by Federal official may be reviewed in Federal Court. There are special rules which have been established for citizenship and immigration decisions. Essentially, every immigration action is subject to a judicial review by the court.
The only scenario where a person may not have a right to judicial review is where they have a right to appeal the decision to the Immigration Appeal Division (IAD), which is a far more fulsome and involved process.
If it is in a case of a decision made by an officer from within Canada, notice of application must be received by Federal Court no later than 15 days from the day on which you received the decision. For an application made outside of Canada, the limitation date is 60 days. Applications for judicial review of decisions made by citizenship judges must be filed with the court no later than 30 days from the day on which the decision was received.
No, you may not. Applications for judicial review are considered based only on the material that was before the officer rendering the decision. Although there are limited circumstances where new evidence may be admissible in court, generally speaking, only the evidence that was before the officer may be considered.
Only members of a provincial or territorial Law Society have standing to represent their clients in Federal Court. This means that immigration consultants or other representatives may not act on your behalf before a Federal Court judge.
All decisions made by Federal official may be reviewed in Federal Court. There are special rules which have been established for citizenship and immigration decisions. Essentially, every immigration action is subject to a judicial review by the court.
The only scenario where a person may not have a right to judicial review is where they have a right to appeal the decision to the Immigration Appeal Division (IAD), which is a far more fulsome and involved process.
If it is in a case of a decision made by an officer from within Canada, notice of application must be received by Federal Court no later than 15 days from the day on which you received the decision. For an application made outside of Canada, the limitation date is 60 days. Applications for judicial review of decisions made by citizenship judges must be filed with the court no later than 30 days from the day on which the decision was received.
No, you may not. Applications for judicial review are considered based only on the material that was before the officer rendering the decision. Although there are limited circumstances where new evidence may be admissible in court, generally speaking, only the evidence that was before the officer may be considered.
Only members of a provincial or territorial Law Society have standing to represent their clients in Federal Court. This means that immigration consultants or other representatives may not act on your behalf before a Federal Court judge.
