ETA refusal - how to appeal

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Jul 18th 2018, 12:35 pm

#16

Siouxie

Banned

Joined: Apr 2009

Location: SW Ontario

Posts: 19,879

Re: ETA refusal - how to appeal

Quote:

Originally Posted by julescg26

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. before the ETA they never asked so she didn't tell. The black hole is more about when they are processing your details, you just can't speak to anyone - I experienced this with my PR and my citizenship applications, and she had the same issue when they processed her ETA. I do realise that they can't give 1 bit of information to one person and not another, it's just very frustrating.
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.

The answer to "How long" was given in this post.

Quote:

Originally Posted by Former Lancastrian

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.

https://www.canada.ca/en/immigration...nvictions.html

The onus was on her to have checked to see if she was admissible or not PRIOR to entering Canada and PRIOR to applying for an eTA, knowing that she had a DUI conviction. It doesn't matter whether she was asked or not.

Clearly she was inadmissible in 2015 and is inadmissible now - and will remain so for between 5 and 10 years after she completed the 'sentence' - i.e. the ban ended - she completed the course and paid any fines, just based on the DUI - let alone entering the country when she was inadmissible.

As Former Lancastrian has already explained, she would need to apply for rehabilitation when she gets to the 5 year mark. That could take up to a year to obtain. Otherwise, she would need to wait until 10 years has passed, when she would be 'deemed' rehabilitated. OR she can apply for a TRP for a 1-off visit

I know it's frustrating and disappointing but quite honestly, you are flogging a dead horse - there is no point in complaining that you can't talk to anyone because it would make absolutely zero difference if you could - it's a done deal. There is no 'black hole' or lack of information, it's all there on the website and has always been.

There is absolutely NO point in appealing because the decision was correct and based on law - so any appeal you submitted would be dismissed. She is inadmissible, end of.

If it's essential that your friend comes to visit, then she can either enter at a land border and apply for a TRP or apply beforehand (both with the risk of refusal) or wait and apply for rehabilitation. You don't need an eTA if entering by land crossing in a private vehicle.