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HELP! My friend was denied entry/deported from Canada

HELP! My friend was denied entry/deported from Canada

Old Jan 23rd 2012, 3:02 pm
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Default HELP! My friend was denied entry/deported from Canada

First of all, it's great to see that this forum is still going strong!

I really need an expert's opinion/advice on a situation encountered by a friend recently.

He was trying to visit me in Canada but at the airport they found an old crutch/filter from a joint that had fallen through a hole in his pocket and slipped down into the filling of his jacket. Stuck to it was what my friend described as "a bit of pot the size of a grain of sand". They were searching his stuff and happened to find it when the officer was feeling his jacket and cut it open. What are the odds? Anyway- they arrested him, denied entry to Canada and deported him back to the US for "smuggling".

My friend told me the officer at first wanted to ban him permanently from Canada, but after talking to him about the situation for a long time he decided to give him "the lowest level of punishment", which was basically to send him back to the US + he now has something nasty on his Canadian immigration record. The officer said he should not have any trouble entering Canada in the future but should expect to be searched every time.

My questions are,

1) is this true? I imagine it would be quite difficult to re-enter Canada after previously having been denied entry for 'smuggling' drugs into the country, even if it was only a microscopic amount like in my friend's case, and clearly not intentional.

2) is there anything he should do before trying to come back to Canada? i.e. does he need to apply for a pardon?

3) is there a big chance that customs would refuse him entry again simply for having this on his immigration record or would they likely just search him as the officer said and let him through if everything is okay?

4) how long should he wait before trying to re-enter?

My friend doesn't have any other criminal convictions of any kind. This was simply a stupid accident.

Thank you if anyone can help answer these questions.
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Old Jan 23rd 2012, 3:25 pm
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Default Re: HELP! My friend was denied entry/deported from Canada

Was it just a routine search or did they have a reason to search him?

(I always get patted down because I set off the buzzers at the gates - usually it is my shoes, they think so I take them off now before I go through and that seems to have stopped it.)

I just wondered how they found such a very small thing unless the search was extremely thorough, which might suggest they had some suspicions about him.

The seriousness with which the officer wanted to deal with the case - banning him from entering Canada ever again - also suggests there might have been something else on their minds.

Does your friend know what has been recorded on his notes?
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Old Jan 23rd 2012, 3:27 pm
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Default Re: HELP! My friend was denied entry/deported from Canada

Are you sure he was deported and not given a Departure Order or an Allowed to Leave?
If an actual Deportation Order which I find highly unlikely then he can never return without an Authority to Return to Canada issued by the Minister.
The Departure Order could be for one year and that would be an Exclusion Order or if a Departure Order or an Allowed to Leave then he can come back now.
No comment on the drug situation. More details are required from the document issued to him as to what was actually issued to him.
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Old Jan 23rd 2012, 3:38 pm
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Default Re: HELP! My friend was denied entry/deported from Canada

Originally Posted by helcat12
Was it just a routine search or did they have a reason to search him?

I just wondered how they found such a very small thing unless the search was extremely thorough, which might suggest they had some suspicions about him.

The seriousness with which the officer wanted to deal with the case - banning him from entering Canada ever again - also suggests there might have been something else on their minds.
I think their first suspicion was that he didn't have a lot of money in his bank account (a couple hundred bucks) and they thought it was weird that I had paid for his flight (he's been going through a rough time and i wanted to cheer him up with a visit).

He was sent to secondary inspection where they questioned him further about how he knows me etc. - They took his phone from him when he was looking up my address and they found some messages where he mentioned buying pot. This led to all of his stuff being searched and also explains why the officer wanted to ban him permanently at first, I assume.

My friend says the only thing they gave him was a paper saying that he willfully takes back his application to go to Canada.

To quote: "Thats what i was confused of as well. Cause the guy kept bouncing back and forth between "youre deported" and "im sending you home". In the end i think i was just allowed to leave." - They did tell him he could re-enter Canada tomorrow if he wanted to, but they advised against it.

Last edited by kleinluka; Jan 23rd 2012 at 3:44 pm.
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Old Jan 23rd 2012, 3:42 pm
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Default Re: HELP! My friend was denied entry/deported from Canada

That sounds like an Allowed to Leave (voluntarily withdrawing application to enter Canada)
He is free to return but will have to convince an officer that he has sufficient funds for his time in Canada and that he will leave and not work.
Sounds like he might be in for another secondary examination.
I will not comment on the phone or buying pot but a phrase Homer Simpson uses springs to mind.
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Old Jan 23rd 2012, 3:48 pm
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Default Re: HELP! My friend was denied entry/deported from Canada

Originally Posted by Former Lancastrian
That sounds like an Allowed to Leave (voluntarily withdrawing application to enter Canada)
He is free to return but will have to convince an officer that he has sufficient funds for his time in Canada and that he will leave and not work.
Sounds like he might be in for another secondary examination.
I will not comment on the phone or buying pot but a phrase Homer Simpson uses springs to mind.
Thanks for the info. Just to clarify- if it is indeed an "Allowed to Leave" would he have to check "Yes" on the customs form under 'have you ever been refused entry to Canada'?

Also, yes I don't expect to turn this into a debate about whether pot should be legal or not, I'd like to just stick to the situation and try to figure out a way for my friend to come see me again. Thanks!
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Old Jan 23rd 2012, 4:07 pm
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Default Re: HELP! My friend was denied entry/deported from Canada

He has not been refused as the document states Voluntarily withdrawal of application to enter Canada.
Is he driving or flying in?
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Old Jan 23rd 2012, 4:13 pm
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Default Re: HELP! My friend was denied entry/deported from Canada

Cannot see why you paying his fare had anything to do with the examination. I have 'bought' tickets for friends and family many times, some of whom did not have two dimes to rub together (or pot either come to that) and got in without problem or question.

Not too smart leaving messages about buying illegal drugs on your phone though eh!
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Old Jan 23rd 2012, 4:18 pm
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Default Re: HELP! My friend was denied entry/deported from Canada

Originally Posted by Aviator
Cannot see why you paying his fare had anything to do with the examination. I have 'bought' tickets for friends and family many times, some of whom did not have two dimes to rub together (or pot either come to that) and got in without problem or question.

Not too smart leaving messages about buying illegal drugs on your phone though eh!
I am also surprised about that as I have travelled here with a ticket paid for by someone else without being asked about it.
Also, why did they ask how much money he had in his bank account?

On repeated trips I have never been asked that and nor has my OH, even when applying for TWP at the Canadian border.
The inbound form asks how much currency you are bringing with you, but that isn't the same thing.
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Old Jan 23rd 2012, 4:19 pm
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Default Re: HELP! My friend was denied entry/deported from Canada

Originally Posted by kleinluka
Thanks for the info. Just to clarify- if it is indeed an "Allowed to Leave" would he have to check "Yes" on the customs form under 'have you ever been refused entry to Canada'?

Also, yes I don't expect to turn this into a debate about whether pot should be legal or not, I'd like to just stick to the situation and try to figure out a way for my friend to come see me again. Thanks!
If he doesnt want the hassle and possibly being refused again i.e Financially Inadmissible sec 39 IRPA then it might be easier if you visited him.
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Old Jan 23rd 2012, 5:10 pm
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Default Re: HELP! My friend was denied entry/deported from Canada

Originally Posted by Former Lancastrian
He has not been refused as the document states Voluntarily withdrawal of application to enter Canada.
Is he driving or flying in?
He was flying in.

Originally Posted by Aviator
Cannot see why you paying his fare had anything to do with the examination.
Yeah I know, like I said I wasn't there so I don't know how exactly the conversation went.


Thanks for all the info so far!
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Old Jan 23rd 2012, 5:24 pm
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Default Re: HELP! My friend was denied entry/deported from Canada

If flying in I know of no form which filled in by any traveller asks have you ever been refused entry into Canada.
Ball is now in your or his court on which way to proceed.
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Old Jan 23rd 2012, 5:38 pm
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Default Re: HELP! My friend was denied entry/deported from Canada

Originally Posted by Former Lancastrian
If flying in I know of no form which filled in by any traveller asks have you ever been refused entry into Canada.
Ball is now in your or his court on which way to proceed.
Thank you for all the info
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