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May 8, 2019

Case of Mistaken Charges

Posted by - Bellissimo Law Group PC

We attended an interview at the Greater Toronto Enforcement Centre (GTEC) for a client. The purpose of the interview was to determine whether the client shall be authorized to remain in Canada or a whether a removal order should be issued against the client. The client was presented with a report written under section 44(1), alleging that they were a person inadmissible to Canada due to criminality. The report contained some 17 charges for which the client was purportedly convicted.

In fact, the client in question was convicted of only one count, for which they received a conditional discharge.  We therefore submitted that the report appears to be incorrect and requested further investigation of the court documentation.  We also submitted that a conditional discharge does not constitute inadmissibility for immigration purposes.

After this interview, we were advised that the report in fact was written in error and the matter will be closed.  No further steps in respect to our client’s inadmissibility will be taken by the CBSA (Canada Border Services Agency) and our client is now eligible to proceed with our application for landing.

We are very pleased on our client’s behalf that this misunderstanding and misinformation has been cleared up!