Passport Seized at Border - Officer accepts mistake but keeps passport anyway

[newcecapplicant]

Dear All,


I am posting on behalf of a friend who entered Canada on Jan 6, 2020 to visit friends and family. Here are the facts:

- He is an Indian national who came to Canada on Jan 6, 2020.

- On Jan 7 he was offered a job at a farm after an interview with the company.

- On Jan 9, 2020 his name was submitted by the company to be added to the LMIA and it was added on the same day (proof available)

- He was given an Employment Contract dated Nov 29, 2019 by the company and he signed it on Jan 10, 2020.

- He went to the Queenstown-Lewiston Border on Jan 23, 2020 and the officer had a problem with his application. The officer informed him that he misrepresented because the date of signing by the employer is Nov 29.

- Officer stated that individual knew about his job all along and misrepresented himself. Officer then stated that individual should prove that his name was added after he came to Canada and would give him a clean chit if he could. This happened at 2am so individual could not call farm to confirm.

- Officer seized his passport and made a decision of inadmissibility, and then noted that the LMIA was indeed issued after his arrival. However since officer had already made his decision he could not refuse it and that the individual should go to a hearing. He also seized the individuals passport.



What are our options? Judicial Review, Procedural fairness?
Please help as this person is now in Canada without a passport and his hearing date is 6 months later.


thank you

 

[scylla]

Dear All,


I am posting on behalf of a friend who entered Canada on Jan 6, 2020 to visit friends and family. Here are the facts:

- He is an Indian national who came to Canada on Jan 6, 2020.

- On Jan 7 he was offered a job at a farm after an interview with the company.

- On Jan 9, 2020 his name was submitted by the company to be added to the LMIA and it was added on the same day (proof available)

- He was given an Employment Contract dated Nov 29, 2019 by the company and he signed it on Jan 10, 2020.

- He went to the Queenstown-Lewiston Border on Jan 23, 2020 and the officer had a problem with his application. The officer informed him that he misrepresented because the date of signing by the employer is Nov 29.

- Officer stated that individual knew about his job all along and misrepresented himself. Officer then stated that individual should prove that his name was added after he came to Canada and would give him a clean chit if he could. This happened at 2am so individual could not call farm to confirm.

- Officer seized his passport and made a decision of inadmissibility, and then noted that the LMIA was indeed issued after his arrival. However since officer had already made his decision he could not refuse it and that the individual should go to a hearing. He also seized the individuals passport.



What are our options? Judicial Review, Procedural fairness?
Please help as this person is now in Canada without a passport and his hearing date is 6 months later.


thank you

This is too complex for an internet forum. He needs to be working with an immigration lawyer.

 

[newcecapplicant]

Hi Scylla,

it’s important that we get feedback because he isn’t very wealthy. He is a farmer. If you’re able to help please do in any way possible.

thank you

 

[canuck_in_uk]

Hi Scylla,

it’s important that we get feedback because he isn’t very wealthy. He is a farmer. If you’re able to help please do in any way possible.

thank you

As scylla said, he needs to speak with an immigration lawyer.

 

[scylla]

Hi Scylla,

it’s important that we get feedback because he isn’t very wealthy. He is a farmer. If you’re able to help please do in any way possible.

thank you

Without a laywer, I think it will be difficult for him to remain in Canada.

If I'm being completely honest, the circumstances look extremely suspicious. No one gets a job a day after arriving in Canada as a visitor. So he must have known about the job offer when he came to Canada and wasn't a genuine visitor. CBSA is saying he abused his visitor visa privileges by travling to Canada on a TRV when his actual intent was to work in Canada and remain much loger. Based on the information and dates you have provided, it looks like this is exactly what he did. He came to Canada knowing there was a job offer waiting for him and planning to work.

He needs a laywer. This is far too unusual and complex a situation for any of us to help.

He will need to wait six months for the hearing and see what is decided there. If this decision goes against him and he wants to appeal, he will need a lawyer.