Has anyone had success appealing an ETA refusal?

[bs1992]

Hello,
I have a friend wanting to visit, however he has a DUI charge. He was charged, and had his license taken away for 12 months but now has it back. He sent all the necessary information on his ETA application but he was refused. The reason they refused the application was because he needed to send his police certificate. The funny thing is, his police certificate was included in his application (And viewed by CIC) but on the paperwork that they sent back they said it was still missing!

So I would like to know, if anyone else has encountered similar issues with CIC and ETA refusals, if they actually managed to speak to a human being about it and successfully appeal. I'd really like for him to come and visit (before I move back to the UK) but it isn't seeming like it will be so straight forward!

Thanks in advance!

 

[Buletruck]

There is no appeal. They could apply for a judicial review, but that takes time and a lawyer and a bunch of money.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1083&top=16

All they can do is reapply, but if the DUI occurred relatively recently, they are inadmissible to Canada anyway.

 

[scylla]

Hello,
I have a friend wanting to visit, however he has a DUI charge. He was charged, and had his license taken away for 12 months but now has it back. He sent all the necessary information on his ETA application but he was refused. The reason they refused the application was because he needed to send his police certificate. The funny thing is, his police certificate was included in his application (And viewed by CIC) but on the paperwork that they sent back they said it was still missing!

So I would like to know, if anyone else has encountered similar issues with CIC and ETA refusals, if they actually managed to speak to a human being about it and successfully appeal. I'd really like for him to come and visit (before I move back to the UK) but it isn't seeming like it will be so straight forward!

Thanks in advance!

When did he get his license back?

The short answer is that there's nothing to appeal. He's inadmissible to Canada and the ETA was correctly refused. Depending on when his license suspension ended, it's possible he may qualify to apply for rehabilitation (specifically, if it's been more than five years since the suspension ended then he qualifies to apply for rehabilitation). Once rehabilitation is approved, he can then apply for an ETA.

If it's been less than five year since the suspension ended, then rehabilitation is not an option. His only option would be to apply for a Temporary Resident Permit (TRP) - which is a special permit for individuals who are otherwise inadmissible to Canada.

 

[bs1992]

When did he get his license back?

The short answer is that there's nothing to appeal. He's inadmissible to Canada and the ETA was correctly refused. Depending on when his license suspension ended, it's possible he may qualify to apply for rehabilitation (specifically, if it's been more than five years since the suspension ended then he qualifies to apply for rehabilitation). Once rehabilitation is approved, he can then apply for an ETA.

If it's been less than five year since the suspension ended, then rehabilitation is not an option. His only option would be to apply for a Temporary Resident Permit (TRP) - which is a special permit for individuals who are otherwise inadmissible to Canada.

Thank you. He's had his license back for about a year. Didn't know about the TRP so I will have him look in to that. Otherwise I guess he'll have to wait til I come back Thank you!