Get to know more about temporary residents’ refusals and their peculiarities. Also, find out the main grounds for ineligibility and reasons for it.
Refusal at the port of entry – is a prohibition to enter the country when you arrive at any of its borders. An officer at a port of entry (POE) may shape the estimation that is different to the Immigration and Refugee Protection Act (IRPA) or its Regulations to tolerate a person to come into Canada. In this situation, the officer must make a decision whether to do one of the following:
- Admit the person and impose conditions.
- Allow the person seeking entry to Canada to withdraw their application.
- Prepare a report
Burden of proof
The burden of proof about admissibility rests with the foreign national. If the foreign national is not capable of convincing an officer of their admissibility, they may can’t enter Canada.
Case Review by a Minister’s Delegate
A Minister’s Delegate reviews the case of visa refusal to ensure its validity and to render an outlook on it. Also, every person that receives denial of entry to Canada will be informed of the reasons for it. And he or she will have an opportunity, at a case review with a Minister’s Delegate, to show evidence changing the allegations.
Depending on the nature of each case, a person that is seeking admission to Canada may receive detention if there are well-grounded reasons to believe that the person is admissible. Those may include a person who would not appear for examination or is a danger to the public. Any detained person will be notified of the reason for the detention and informed of their right to advocate.
Right to Counsel
Since the case review by the Minister’s Delegate is a part of the examination process, the subject doesn’t have a lawful right to counsel at this time. However, if a person’s counsel is available and they’re prepared to proceed, they may get a permit to attend the case review by the Minister’s Delegate.