Being denied entry to Canada at the border — such as at Toronto Pearson Airport — or having an application refused on grounds of “inadmissibility” can be confusing, stressful, and deeply frustrating.
Your plans for work, study, or family reunification can be suddenly stopped, often with little or no explanation.
These decisions are not always final.
At Cambria Law Firm, our Mississauga immigration lawyers specialize in overcoming inadmissibility and challenging unfair border or visa denials.
We provide clear, strategic legal solutions to help you reopen the door to Canada.
Why Were You Denied Entry? Understanding Inadmissibility
“Inadmissibility” is the legal term used when the Government of Canada finds that you cannot enter or stay in the country.
A border services officer or visa officer determined that you do not meet the requirements of the Immigration and Refugee Protection Act (IRPA).
To resolve this, we must first identify the exact reason for your denial — and then build the correct legal solution.
1. Criminal Inadmissibility
The Problem:
A past conviction — including DUI, DWI, or OWI — can make you criminally inadmissible, even if it happened years ago.
Canada treats these offences as serious crimes under its federal immigration law.
Our Solution:
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Temporary Resident Permit (TRP):
If you have an urgent and legitimate reason to enter Canada (e.g., business, family emergency), we prepare and submit a TRP application to allow entry for a specific time. -
Criminal Rehabilitation:
For a permanent solution, we apply for Criminal Rehabilitation once five or more years have passed since completing your sentence.
This effectively “clears” your record for Canadian immigration purposes.
2. Misrepresentation
The Problem:
An officer believes you — or a past representative — provided false information, submitted fraudulent documents, or withheld key facts in an application.
This results in an automatic five-year ban from entering Canada.
Our Solution:
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Challenging the Finding:
Many misrepresentation cases are based on assumptions or misinterpretations.
We request and review the officer’s GCMS notes to determine if the finding was unfair or unreasonable. -
Federal Court (Judicial Review):
We can file an Application for Leave and Judicial Review to argue that the officer made a legal or procedural error. -
Procedural Fairness Letter (PFL) Response:
If you receive a PFL before the decision, we act quickly to respond with strong evidence and legal arguments to prevent the finding from becoming final.
3. Medical Inadmissibility
The Problem:
An officer believes your medical condition may pose a danger to public health or cause an excessive demand on Canada’s healthcare system.
Our Solution:
We challenge these findings by preparing a medical mitigation plan, including:
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Updated medical records and letters from your doctors.
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Proof of private medical insurance or financial ability to cover treatment.
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Evidence of family or sponsor support to show you will not rely on public healthcare.
Our goal is to prove you will not be an “excessive burden” on the system.
4. Non-Compliance (Visa Overstays / Residency Obligations)
The Problem:
You were denied entry because you overstayed a previous visa, worked without authorization, or, as a Permanent Resident, failed to meet the 730-day residency obligation within five years.
Our Solution:
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Restoration of Status:
If your temporary status expired within the last 90 days, we file for restoration immediately. -
Residency Obligation Appeals:
For Permanent Residents, we appeal to the Immigration Appeal Division (IAD) on Humanitarian & Compassionate (H&C) grounds, emphasizing family ties and establishment in Canada.
5. Financial Inadmissibility
The Problem:
Your study permit or visitor visa was refused because the officer was not satisfied you could support yourself financially in Canada.
Our Solution:
We strengthen your re-application with robust documentation, including:
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6–12 months of verified bank statements.
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Employment letters for you or your financial sponsor.
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Sworn affidavits of support from family members or guarantors.
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A clear, organized explanation of your financial plan while in Canada.
Our Strategy: How We Fight Your Denial
We don’t just re-apply — we solve the underlying problem that caused your denial.
- Forensic Analysis:
We immediately file an Access to Information (ATIP) request to obtain the officer’s internal GCMS notes, which reveal the real reason for the refusal. - Build the Correct Solution:
Depending on the finding, we prepare the appropriate remedy — whether a TRP, Judicial Review, or medical mitigation plan — supported by legal evidence and expert opinion. - Litigation if Necessary:
If your case involves a legal error or procedural unfairness, our trial-ready lawyers are prepared to challenge the decision at the Federal Court of Canada.
Return to Mississauga Immigration Law.
Frequently Asked Questions (FAQ)
1. Can I appeal a denial at the border?
Not in the traditional sense.
Border denials and temporary visa refusals cannot be appealed to the IAD.
However, you may:
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Re-apply with stronger documentation,
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Apply for a TRP if inadmissible, or
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File for Judicial Review at the Federal Court if the decision was legally unreasonable.
2. What is the fastest way to re-enter Canada after a criminal denial?
A Temporary Resident Permit (TRP) is the fastest solution for urgent or short-term entry.
Criminal Rehabilitation is the permanent fix — but it typically takes longer to process.
3. Will a DUI from the USA stop me from entering Canada?
Yes.
Canada classifies DUI, DWI, and OWI offences as serious criminality.
You will be found criminally inadmissible unless you have an approved TRP or have completed Criminal Rehabilitation.
Don’t Let a Denial Define Your Future
A finding of inadmissibility can feel permanent — but you do have options.
At Cambria Law Firm, our Mississauga immigration lawyers help clients challenge denials, overcome inadmissibility, and secure entry into Canada.
