Access to Information Request: A Potential Headline on Immigration Issues
Leslie Pham
12666 72 Ave, Surrey, BC V3W 2M8
Phone number: (672) 200-1308
Email: uyen.pham@student.kpu.ca
October 16th, 2023
Dan Proulx
Director General and Chief Privacy Officer
Canada Border Services Agency
333 North River Road
14th Floor, Tower A
Vanier, Ontario
K1A 0L8
Dear Mr. Proulx,
Under the Access to Information Act, I request you to provide me with:
- A list of refused entries of valid visa and eTA holders at the ports of entry in the past five years, along with the holder's nationality and the ground on which they were refused.
If possible, please provide me with electronic files of the requested documents and forward them to uyen.pham@student.kpu.ca.
If there are any concerns, please call me at the provided phone number: (672) 200-1308.
Please notify me when the documents are ready to release.
Sincerely,
Leslie Pham
Where I found the contact information: https://www.tbs-sct.canada.ca/ap/atip-aiprp/coord-eng.asp#C
Reasons for the request:
As an international student who fortunately had a smooth entry process at YVR, I have been quite surprised to know so many valid visa holders have been denied entry to Canada and sent home on the next flight. Most of these people have claimed that they were not granted any reason for why they were inadmissible.
From my research, I have found that a visa or eTA holder can be refused entry to Canada on 9 grounds: security reasons, human or international rights violations, committing a crime, organized crime, medical reasons, financial reasons, misinterpretation of required documents, failure to comply with any provision of the Immigration and Refugee Protection Acts, or having an inadmissible family member.
According to an article on CBC News, the Supreme Court has recently ruled that "a person can be found inadmissible to Canada only if they engage in acts of violence in a nexus with national security". This ruling was issued on two cases involving two temporary residents, who were first found inadmissible due to their acts of violence on the land of Canada. They later won the appeal as the Supreme Court found that the decision did not abide by Canada's international human rights obligations. This incident is one of the only immigration-related cases that has recently made its way to major media outlets. Yet entry refusal is a burning topic of conversation among the immigrant community. As a member of such a community, from this request, I aim to answer the following questions:
- What is the most common reason for such decisions?
- How impactful might your passport be on your entry process?
- Whether the CBSA and other immigration agencies had any questionable decisions that did not align with Canadian Law and Canada's international obligations.
- Whether this recent ruling by the Supreme Court is in conflict with the IRCC's regulations; and will it also be applied to newcomers at the port of entry.
Websites I used for research:
https://www.cbc.ca/news/politics/supreme-court-immigration-national-security-1.6979677
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This is super super interesting, and I would be very interested to see this information as well. However, I wonder how much something like this would infringe on personal, private information (of those refused, of course). I think they'd try to pull that card, at least. I hope you could get past that, though; this is very important to know.
ReplyDeleteThis is an interesting FOI, and the information that could come out would be fascinating. I like how your research included the nine grounds on which a valid visa or eTA holder can be denied, as I had no idea this information even existed. Something I would change would be the amount of information. I think if you had specifically asked for just the nationality and the ground the visa or eTA was denied, that would be easier to get, then the list of visas which would include personal information about the visa or eTA holder. Also, cutting down the time period would also reduce fees and make them more likely to give you some information. Overall, a great FOI request!
ReplyDeleteThe FOI request is clear and direct in its purpose. It specifies the information requested, the preferred format for receiving it, and provides contact information. It also briefly explains the motivation behind the request.
ReplyDeleteOne potential improvement could be to add a statement regarding the willingness to pay fees if applicable, as this is commonly mentioned in FOI requests. This demonstrates cooperation and an understanding of the process.Overall, great.
This FOI request I learned something different and I agree that people should be granted a reason for them not being permitted in Canada. This FOI has a clear reason and is contained with facts and reasons.
ReplyDeleteHey Leslie, you did a great job with your FOI request to the CBSA for refused visas/electronic travel permits. I appreciate your consideration of the perspectives of international students and immigrants when explaining your request. Also, using news reports as part of your request explanation enhances your persuasive writing. My suggestion would be to rephrase your request sentence. Since there may be privacy issues involved, clarifying them in the request explanation can help you establish a more professional image. Moreover, focusing on the reasons for refusal can achieve the same purpose as your request. Overall, obtaining reports to analyze the situation of being refused entry is a very insightful approach.
ReplyDeleteI really had found it intresting and had learnt something different from this FOI request. It is well structured.
ReplyDeletereally interesting idea and I also liked the expalnation alot great job.
ReplyDelete