ETA refusal - how to appeal
Hi all, my best friend was refused an ETA due to a DUI on her police record. At the time of applying she had served her penalties and had her UK licence back. The DUI was enough for Canada to refuse her the ETA to come back to visit Canada. The only information CIC would say is that to appeal the refusal is to go to the Federal Court - how on earth do you do that from the UK? Does anyone know another way to appeal it, any idea how long it'll last, could she wait and apply again in set length of time - all these questions I can't find a way to find an answer from Immigration.
Any help is greatly received, I am going to write to me local MLA and possibly the Immigration minister - anyone else you think may be able to help me? |
Re: ETA refusal - how to appeal
Originally Posted by julescg26
(Post 12534535)
Hi all, my best friend was refused an ETA due to a DUI on her police record. At the time of applying she had served her penalties and had her UK licence back. The DUI was enough for Canada to refuse her the ETA to come back to visit Canada. The only information CIC would say is that to appeal the refusal is to go to the Federal Court - how on earth do you do that from the UK? Does anyone know another way to appeal it, any idea how long it'll last, could she wait and apply again in set length of time - all these questions I can't find a way to find an answer from Immigration.
Any help is greatly received, I am going to write to me local MLA and possibly the Immigration minister - anyone else you think may be able to help me? You can ask the Federal Court of Canada to review the decision related to your application. To do so, a lawyer must apply for judicial review on your behalf. ENTERING CANADA WITH A DUI Canadian policy is to exclude anyone from the country if they have been convicted of an “indictable offense,” and because a DUI has the possibility of being an “indictable offense” in Canada, it is grounds for exclusion. As a result, entering Canada with a DUI conviction on your record is a problem, because anyone convicted of DUI is automatically barred from entry into Canada for a minimum of 10 years, or until otherwise “deemed rehabilitated” or granted a temporary resident permit. |
Re: ETA refusal - how to appeal
Appealing to the Federal Court for a review won't be cheap either.
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Re: ETA refusal - how to appeal
Thanks DaveLovesDee - I'd seen that it's just not clear how to do that from the UK - or how much it costs. I'm assuming it's not cheap (are courts ever cheap!)
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Re: ETA refusal - how to appeal
Originally Posted by julescg26
(Post 12534535)
Hi all, my best friend was refused an ETA due to a DUI on her police record. At the time of applying she had served her penalties and had her UK licence back. The DUI was enough for Canada to refuse her the ETA to come back to visit Canada. The only information CIC would say is that to appeal the refusal is to go to the Federal Court - how on earth do you do that from the UK? Does anyone know another way to appeal it, any idea how long it'll last, could she wait and apply again in set length of time - all these questions I can't find a way to find an answer from Immigration.
Any help is greatly received, I am going to write to me local MLA and possibly the Immigration minister - anyone else you think may be able to help me? |
Re: ETA refusal - how to appeal
Originally Posted by Former Lancastrian
(Post 12534542)
When was the DUI? Sure she could have paid any fines off and got her licence back if a standard 12 month ban however she would still be inadmissible until either applying for rehabilitation 5 years after completion of any sentence imposed including probation or being deemed rehabilitated 10 years after completion of sentence. When was she convicted and what was the sentence?
The most frustrating thing is not being able to ask Immigration how long she has to wait - it's just a brick wall. |
Re: ETA refusal - how to appeal
Originally Posted by julescg26
(Post 12534544)
I think the DUI was in 2014/2015 - she was here in 2015 and had no licence at the time so was in the middle of her 12 month ban, her refusal was in 2016 when they introduced. From what I remember she had a fine and 12 month ban and I think she had to do a course about why drink driving is bad! Do you think that after the 5 years is up she would be allowed back in - would being refused already be held against her the next time she applies? I realise it's a lot of guessing
The most frustrating thing is not being able to ask Immigration how long she has to wait - it's just a brick wall. https://www.canada.ca/en/immigration...nvictions.html |
Re: ETA refusal - how to appeal
Originally Posted by Former Lancastrian
(Post 12534547)
For arguments sake lets say she was convicted in July 2014 and got a 12 month ban. The 5 years starts July 2015 so the earliest she could get rehabilitation would be after July 2020. If not applying for rehabilitation then July 2025 would be when she is deemed rehabilitated. She could apply for a Temporary Resident Permit but there have to be compelling reasons to come to Canada.
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Re: ETA refusal - how to appeal
Originally Posted by julescg26
(Post 12534548)
Thank you - I'll have to look a little closer into this. Do you reckon it's worth our time contacting my MLA? Especially to express our frustrations at the black hole of trying to find more information?
The harsh reality. She is inadmissible and will be for a few more years until she applies for individual rehabilitation. No eTA will be issued unless she has a TRP or rehabilitated. No guarantees a TRP would be issued but if never trying will never know. There is one last route but it has its risks. She flies to the US on an ESTA and return ticket back to the UK. You pick her up in the US and drive to the border. You apply at the border for a TRP to allow her into Canada for a specified period of time say 2 to 3 weeks. If refused they would send her back to the US. That is the risk not knowing what the examining officer will do. |
Re: ETA refusal - how to appeal
Originally Posted by Former Lancastrian
(Post 12534562)
I think I have provided more information than your MLA could.
The harsh reality. She is inadmissible and will be for a few more years until she applies for individual rehabilitation. No eTA will be issued unless she has a TRP or rehabilitated. No guarantees a TRP would be issued but if never trying will never know. There is one last route but it has its risks. She flies to the US on an ESTA and return ticket back to the UK. You pick her up in the US and drive to the border. You apply at the border for a TRP to allow her into Canada for a specified period of time say 2 to 3 weeks. If refused they would send her back to the US. That is the risk not knowing what the examining officer will do. |
Re: ETA refusal - how to appeal
Originally Posted by DaveLovesDee
(Post 12534569)
And the e-Ta applicant will have to apply for an ESTA for the US, and declare the DUI to them too.
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Re: ETA refusal - how to appeal
Originally Posted by Former Lancastrian
(Post 12534587)
True but a DUI doesn't make you inadmissible to the USA.
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Re: ETA refusal - how to appeal
Yep, agree with all of the above, there's nothing to appeal as your friend was correctly refused, she's criminally admissible to Canada at the moment.
There's no 'black hole' of trying to find out information, it's all over the CIC website including on the ETA application which asks about criminal convictions. Here is a bit more light reading for your friend - https://www.canada.ca/en/immigration...-activity.html You mention her being 'here' in 2015 after her conviction, was that Canada? Despite it being before the ETA was introduced, she was still inadmissible then, and that could be another reason for the refusal as she entered when she shouldn't have done. |
Re: ETA refusal - how to appeal
Originally Posted by christmasoompa
(Post 12534641)
Yep, agree with all of the above, there's nothing to appeal as your friend was correctly refused, she's criminally admissible to Canada at the moment.
There's no 'black hole' of trying to find out information, it's all over the CIC website including on the ETA application which asks about criminal convictions. Here is a bit more light reading for your friend - https://www.canada.ca/en/immigration...-activity.html You mention her being 'here' in 2015 after her conviction, was that Canada? Despite it being before the ETA was introduced, she was still inadmissible then, and that could be another reason for the refusal as she entered when she shouldn't have done. We shall have a look to see if she is admissible to the US, my fear was the same for the ESTA though. If you come in by boat or car, you don't need the ETA do you? Although I wonder if her passport is now flagged as inadmissible to Canada. |
Re: ETA refusal - how to appeal
Originally Posted by julescg26
(Post 12534810)
I know she was correctly refused, it's been trying to find out exactly how long for/how to appeal (other than federal court - and how you do that from outside Canada etc), and just other things like that.
Originally Posted by julescg26
(Post 12534810)
before the ETA they never asked so she didn't tell.
Originally Posted by julescg26
(Post 12534810)
If you come in by boat or car, you don't need the ETA do you? Although I wonder if her passport is now flagged as inadmissible to Canada.
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