Denied Entry to Canada: What Can You Do?

Crossing the border is rarely a simple act. In the post-9/11 world, security checks have increased and each foreign national faces additional scrutiny from Immigration Officers. In Canada, the border security is the responsibility of Canada Border Services Agency (CBSA), under the Ministry of Public Safety and Emergency Preparedness. They work closely with other police agencies and they have access to international databases to screen everyone, and everything, that goes through a border. When CBSA is dealing with a Permanent Resident of Canada, a Canadian Citizen or an immigration application, they may refer the case to their counterparts at Immigration, Refugee and Citizenship Canada (IRCC, formerly known as CIC). If you are denied entry to Canada, it may be due to a negative determination by a CBSA Officer or an IRCC Officer. What can you do?

The first question to deal with is where you are trying to enter. Issues vary between entering at land borders, ports and airports. 

One of the common situations that we face is when Permanent Residents who are trying to fly back to Canada without a valid PR Card. The airline will not let them board their flight back to Canada without a valid travel document. There are a number of risks in these situations. One of my first concerns is that if the PR is anxious to return, they may insist on boarding the flight and then, when they enter Canada, they may request temporary status. This puts their Permanent Resident status at risk and we do not advise this option.

When a PR is flying back to Canada without a valid PR Card, they have two (2) main options – neither option is cheap or easy. The first option is to go to the nearest Canadian Consulate, Embassy or High Commission. Canada has hundreds of offices peppered around the world in every continent, except Antarctica. I have never had a client call who could not travel to a Canadian office within their jurisdiction.

Once the PR reaches the consulate, they may apply for a Permanent Resident Travel Document “PRTD”. The government fee for the document is $50 and processing times vary from 1 hour to 2 months. We had one case where the printer at the Canadian office was broken and they had to order a new printer before they could issue new travel documents. In general, the Officers who work in these offices are very supportive and they will help any Permanent Resident who is courteous and professional.

The second option, for some, is to fly to the United States and enter Canada at a land border. For those clients who are at the airport and they do not want to leave the airport, this may be an option. NOTE: this option is only available to individuals and/ or families who are able to enter the United States and they do not have other issues with American authorities. We also advise our clients that we do not practice US immigration law and, therefore, if there are any issues with US authorities, we would refer the matter to an American colleague.

Being denied entry can be a stressful experience. Airline staff are not government officials and their knowledge of Canadian immigration law is limited. If you or your family members are in a situation where you are denied entry, we recommend that you call a lawyer whom you trust to help you properly navigate the system.

 

“Warkentin family still battling to overturn a decision from Immigration Canada”

FROM 730CKDM.COM: 

The Warkentin family from Waterhen are still battling to overturn a decision from Immigration Canada which denied them Permanent Resident status because of their daughter’s disability.

The family has hired Alastair Clarke, an immigration lawyer from Winnipeg to handle their case.

Clarke provides some insight to Immigration Canada’s decision.

“Unfortunately medical inadmissibility are not uncommon. Generally the individuals who face this type of issue come to me before a refusal. In this case the Warkentin family responded to the fairness letter, submitted all the evidence and then after it was refused, that’s when they came.”

If the decision cannot be reversed, the Warkentins could face moving back to the U.S. by November of this year, when their visas run out.

Free Presentation: Law in the Library – Transcona

Please note that Alastair Clarke will be giving a free presentation on citizenship law and other changes to immigration law at Transcona Library as part of the Law in the Library Series presented by the Community Legal Education Association.

Here is a description of the program:

Are you new to Canada? Are you looking for help in some legal aspects of immigration? Join us for a free program to help provide you with legal information that you may need. Our guest lawyer Alastair Clarke will cover issues like immigration options, sponsorship, citizenship applications, bringing family members to Manitoba, MPNP and other options. Please bring questions for the lawyer to answer!

For more information, contact the library directly at 204-986-3954.

Immigration Questions from Presentations

These past few weeks have been very busy and we wanted to thank everyone for their support. At the PCCM event on Jan 30th, more than 100 people came to the event. The room was full and the audience was engaged. Last night, we have a presentation at Munroe Library in Winnipeg and, again, the room was packed and there was active participation. We met folks from Ukraine, Philippines, India, Pakistan, the USA, Nigeria, Egypt, Australia, El Salvador and many others. We answered many immigration questions. Here are some of the questions that Mr. Clarke answered during the 5 hours of presentations:

  • If my Super Visa is going to expire but my husband has submitted an In-Canada Spousal Sponsorship application, do I need to apply to extend my Visa?
  • Can I sponsor my brother in Punjab?Immigration Questions
  • If my MPNP application is refused, how do I appeal the decision?
  • I want my mother from the Philippines to come and take care of my children. How do I bring her to Canada?
  • MPNP is no longer accepting applications from Nurses and my sister is a Nurse. How I can I help her come to Manitoba?
  • My son married a woman from Wisconsin and she has children from a previous marriage. Do the children become Permanent Residents too?
  • What are the benefits of becoming a Canadian citizen?
  • If I become a citizen, do I lose my American citizenship?
  • My brother was refused entry to Canada but we don’t know why. How can we find out?
  • How long does it take for a MPNP application?
  • How many people can I support for MPNP applications?
  • My brother wants to come to Canada but he is not sure if he will come to Manitoba. He is interested in Toronto. If I help him with his MPNP application, can he move to Toronto? Can Manitoba come after me?
  • How long does it take to process a Parental Class application?
  • How many times can I extend my visa?
  • And many more!

If you have any of these questions or you have other immigration questions, please come to the next presentation or contact our office. Click here for information on how to schedule an appointment.

In The News: “Winnipeg lawyer saddened, not suprised …”

Published by CBC News on 15 Oct 2015:

Winnipeg lawyer saddened, not surprised by family’s detention at U.S. border

‘These types of situations are increasingly common,’ says Alastair Clarke

A Winnipeg immigration lawyer says his heart goes out to a man who was questioned by customs officers in the United States for seven hours and denied entry into the country.

“He’s a Canadian and, based on the information I have, he had no reason to think anything untoward would happen trying to cross into the U.S.,” Alastair Clarke told CBC News.

Abdelkrim Boulhout said border officials in the U.S. treated him and his wife like terrorists this past weekend.

Boulhout said he, his wife and their four young children were on a family road trip to Grand Forks in North Dakota, but when they arrived at the U.S. border crossing in Pembina, N.D., their vehicle was searched, they were questioned for hours and were eventually asked to withdraw their request to enter the U.S.

Boulhout said he believes the incident was related to the fact that he and his family are Muslim.

Clarke, founder of Clarke Immigration Law in Winnipeg, said he was saddened to hear about the incident, but not surprised.

“Currently, immigration and law enforcement are working very closely to share information, so these types of situations are increasingly common,” he said.

Clarke doesn’t practise U.S. immigration law, but he had general advice for anyone who might find themselves being questioned by border authorities. Co-operation with officials is extremely important, he said.

“These officials have broad discretionary authority,” he said.

Clarke also said if you’re in a situation in which you don’t understand a document, you need to ask for clarification or assistance.

As well, he reminded people never to sign something if they don’t understand it.

U.S. Customs and Border Protection told CBC News it would not comment on specific cases, citing privacy laws and “law enforcement reasons.”