Recent reports indicate that Canada Border Services Agency (CBSA) officials have been turning back many Indian and Nigerian visitors at Canadian airports, offering them the alternative of applying for refugee status. This issue has surfaced amidst CBSA’s increased scrutiny, which has denied entry to genuine family members with approved visitor visas. Some of these individuals are on their second or third visit to reunite with their families.
A Recent Incident Reported
Multiple incidents have been reported at Toronto and Montreal airports over the past few months. A notable case involved over 40 Indian visitors who arrived on Air Canada Flight AC-51 at Montreal airport on July 8. They were refused entry and asked to return to their home country, or alternatively, they were given the option to apply for refugee status. Some of these individuals were visiting Canada for the second time, and among them were elderly senior citizens who should be respected regardless of nationality, especially considering they may not be fluent in English to explain their purpose of visit.
One affected individual reported that their parents and brother-in-law experienced a similar situation. Their parents, on their second visit, were issued a one-month stay instead of the usual six months, despite intending to stay for two months. Their brother-in-law was repeatedly asked to apply for refugee status and after ten hours of questioning, was issued a one-month stay.
Similar incidents have been reported by the Nigerian diaspora. One individual reported that a family friend was harassed and sent back to Nigeria the next day. Another incident on June 29 involved a person’s uncle being turned back because he did not travel with his spouse. In May, a group of tourists in Montreal was reportedly forced to apply for refugee status for about 12 hours.
CBSA’s Clarification
Following a news article published on July 10 by immigration news canada raising these concerns, CBSA spokesperson Luke Reimer reached out via email to provide a clarification. He emphasized that a visa does not guarantee entry into Canada. Even if someone has previously entered Canada with a visa, a valid visa does not guarantee re-entry on a subsequent visit.
Clarification from the CBSA
Below is the full clarification shared by the CBSA spokesperson via email regarding these ongoing concerns:
Good afternoon, Gagandeep,
I read your post, “CBSA Turning Back Indian and Nigerian Visitors at Airports,” and would like to clarify a few points:
Obtaining a visitor visa or having been previously authorized to enter Canada does not guarantee the right to enter Canada. Upon arrival at a Canadian port of entry, all travelers must demonstrate that they meet the requirements to enter. Only certain individuals have the right to enter Canada, as described in Section 19 of the Immigration and Refugee Protection Act (IRPA).
The Canada Border Services Agency (CBSA) does not direct travelers to make refugee claims. Should a traveler seek to make a refugee claim upon arrival in Canada, the CBSA will determine whether the claim is eligible under the Additional Protocol of the Safe Third Country Agreement and the IRPA. If eligible, the person’s file will be referred to the Immigration and Refugee Board of Canada (IRB) for consideration, and the person will be authorized to enter Canada to pursue their claim for protection. If ineligible, they may be removed from Canada.
The CBSA’s role at ports of entry is to assess the admissibility of persons coming to Canada. All persons, including Canadian citizens, seeking entry to Canada must present to the CBSA and may be subject to a more in-depth examination. Admissibility of all travelers is decided on a case-by-case basis and based on the information made available at the time of entry. Officers are trained in interview, examination, and investigative techniques. They use proven indicators, advance information, intelligence, innovative technology, and information-sharing to carry out their mandate.
The CBSA does not provide comments or details on specific individual cases as an individual’s border and immigration information is considered private and protected by the Privacy Act. However, anyone wishing to provide feedback on our services is invited to do so using the feedback form on our website: Contact us – Feedback (cbsa-asfc.gc.ca).
Thank you kindly,
Luke Reimer, Spokesperson/Porte-parole, Canada Border Services Agency/Agence des services frontaliers du Canada, Government of Canada/Gouvernement du Canada
A Visa is Not a Guarantee of Entry
It is important to note that a Canadian visa, including a visitor visa, does not guarantee entry into Canada. According to Canadian law, CBSA officials have the authority to deny entry if they find discrepancies or if the purpose of the visit is not clear. However, a major concern is that CBSA officials are offering individuals the option to apply for refugee status after denying them entry. This adds pressure to Canada’s already strained refugee system and the increasing number of international students applying for asylum.
Public Reactions
Social media users have expressed confusion and concern. One user on “X” questioned the rationale behind forcing passengers to apply for refugee status, asking, “What am I missing here? What’s the ulterior motive?” Another user asked, “How does filing for refugee status make more sense than allowing them entry? Can you explain the reasoning?”
This situation has caused concern and outrage among temporary and permanent residents in Canada who have families planning to visit soon. One user commented, “Threatening people at the airport as soon as they land. And then they say, ‘Come to Canada, land of opportunities when you become refugees.'”
Support for CBSA’s Scrutiny
Some perspectives support the increased scrutiny by CBSA. One user suggested that officials might have seen something suspicious in previous visits, saying, “Not everything is harassment or racism. CBSA is doing its job keeping us safe.” Another user noted that the image of Indians in Canada might be at an all-time low due to illegal activities by some individuals, causing bona fide citizens to suffer.
Other users speculated about ulterior motives, with one suggesting that the government might be using this situation as a reason to buy hotels to house refugees, referencing a recent statement by Marc Miller. Another user expressed that perhaps rampant abuse over the years has led to CBSA’s overreaction. The CBSA’s actions have sparked a debate on the balance between border security and the treatment of genuine visitors. The agency’s increased scrutiny has both supporters and detractors, highlighting the complexities of immigration and border management in Canada. Visitors should ensure they can present information that aligns with the purpose of their visit as initially mentioned in their visa application.
Sources
https://immigrationnewscanada.ca/cbsa-turning-back-indians-and-nigerians
https://immigrationnewscanada.ca/cbsa-clarity-on-turning-back-indians
