Entry to Canada denied despite IRCC authorization

[mathnmusic]

I am a temporary foreign worker in Canada and my wife and baby were unable to board their flight to Canada to reunite with me here in Canada today, even despite the fact that they have obtained valid TRVs as well the written travel authorizations from the IRCC. The airline agent at the check-in counter apparently forwarded all documents (my work permit, proof of relationship, IRCC written authorizations, etc.) to a CBSA officer who then determined that their travel was "discretionary/non-essential".

It's clearly stated here that immediate family members of temporary Canadian residents are exempt from the travel restrictions:

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html#other

My wife and child are dependent on me, and we took all the steps necessary to follow all the rules listed on the IRCC website and seek the relevant IRCC authorizations so that they can reunite with me here in Canada. We were not expecting a CBSA officer to refuse their entry and this has put us in a very uncomfortable spot.

Could anyone please offer advice on this unfortunate situation?

@legalfalcon

 

[sahilarora2003]

I am a temporary foreign worker in Canada and my wife and baby were unable to board their flight to Canada to reunite with me here in Canada today, even despite the fact that they have obtained valid TRVs as well the written travel authorizations from the IRCC. The airline agent at the check-in counter apparently forwarded all documents (my work permit, proof of relationship, IRCC written authorizations, etc.) to a CBSA officer who then determined that their travel was "discretionary/non-essential".

It's clearly stated here that immediate family members of temporary Canadian residents are exempt from the travel restrictions:

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html#other

My wife and child are dependent on me, and we took all the steps necessary to follow all the rules listed on the IRCC website and seek the relevant IRCC authorizations so that they can reunite with me here in Canada. We were not expecting a CBSA officer to refuse their entry and this has put us in a very uncomfortable spot.

Could anyone please offer advice on this unfortunate situation?

@legalfalcon

Duplicate thread. Please delete! It’s already posted in Visitors section. Thank you.

 

[mathnmusic]

How do I? Not seeing an option to delete.

 

[legalfalcon]

I am a temporary foreign worker in Canada and my wife and baby were unable to board their flight to Canada to reunite with me here in Canada today, even despite the fact that they have obtained valid TRVs as well the written travel authorizations from the IRCC. The airline agent at the check-in counter apparently forwarded all documents (my work permit, proof of relationship, IRCC written authorizations, etc.) to a CBSA officer who then determined that their travel was "discretionary/non-essential".

It's clearly stated here that immediate family members of temporary Canadian residents are exempt from the travel restrictions:

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html#other

My wife and child are dependent on me, and we took all the steps necessary to follow all the rules listed on the IRCC website and seek the relevant IRCC authorizations so that they can reunite with me here in Canada. We were not expecting a CBSA officer to refuse their entry and this has put us in a very uncomfortable spot.

Could anyone please offer advice on this unfortunate situation?

@legalfalcon

For immediate family members of foreign temporary workers, there is no blanket exemption, and that is why a travel authorisation is required. Even when a travel authorisation is provided, the CBSA officer at the PoE has the final authority to determine whether the authorisation for travel is for for non-discretionary purpose.

 

[Toks01]

For immediate family members of foreign temporary workers, there is no blanket exemption, and that is why a travel authorisation is required. Even when a travel authorisation is provided, the CBSA officer at the PoE has the final authority to determine whether the authorisation for travel is for for non-discretionary purpose.

If that’s the case, then they don’t know what they are doing, temporary residents are human too and shouldn’t be treated that way and I mean if they’re not going to let them in why issue an authorization letter in the first place and allow people to waste their money and time not to talk about people’s emotions, that’s way too unfair.

@mathnmusic, my advise will be that you reach out to your mp and take it from there , your mp should be able to be of help and fight this on your behalf by reaching out to the appropriate department in charge of this. You can find your mp herehttps://www.ourcommons.ca/members/en

 

[legalfalcon]

If that’s the case, then they don’t know what they are doing, temporary residents are human too and shouldn’t be treated that way and I mean if they’re not going to let them in why issue an authorization letter in the first place and allow people to waste their money and time not to talk about people’s emotions, that’s way too unfair.

@mathnmusic, my advise will be that you reach out to your mp and take it from there , your mp should be able to be of help and fight this on your behalf by reaching out to the appropriate department in charge of this. You can find your mp herehttps://www.ourcommons.ca/members/en

As a temp resident your rights are limited under the Constitution as well as law. Visas and authorisation letters given to any temporary resident is not a matter of right, it is at the discretion of IRCC.

As regards approaching a MP, they can't fight for you. If you want to fight a refusal the, appropriate remedy is filing a judicial review before the Federal Court. All a MP can do is listed to your case, and request info from IRCC under the Privacy Act

Section 8 of the Privacy act states:

Disclosure of personal information

• 8 (1) Personal information under the control of a government institution shall not, without the consent of the individual to whom it relates, be disclosed by the institution except in accordance with this section.
  
  Where personal information may be disclosed
  
  (2) Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed
  (a) ...
• (b) ...
• (c) ...
• (d) ...
• (e) ...
• (f) ...
• (g) to a member of Parliament for the purpose of assisting the individual to whom the information relates in resolving a problem;

An at the most write a letter to IRCC requisition reconsideration, which again is at the discretion of IRCC.