A Federal Court in Canada has dismissed an emergency application by Ghana international Thomas Teye Partey seeking immediate entry into the country ah
A Federal Court in Canada has dismissed an emergency application by Ghana international Thomas Teye Partey seeking immediate entry into the country ahead of the Black Stars’ FIFA World Cup fixture against Panama.
The application followed a decision by Canadian immigration authorities refusing Partey’s visa on inadmissibility grounds under paragraph 36(1)(c) of the Immigration and Refugee Protection Act (IRPA), which permits a finding of serious criminality where there are reasonable grounds to believe an offence has been committed, even without a criminal conviction.
Partey had asked the Court to compel immigration authorities to urgently reconsider the visa refusal and expedite the processing of a Temporary Resident Permit (TRP).
In its ruling, the Court held that although the application was presented as a request for an injunction, the relief sought was effectively an application for mandamus, which could not be granted outside the proper judicial review process.
Applying the three-part RJR-MacDonald test for interlocutory relief, the Court found that the applicant had failed to establish a serious issue to be tried, demonstrate irreparable harm, or show that the balance of convenience favoured granting the relief sought.
The Court ruled that immigration officers were entitled to rely on the “reasonable grounds to believe” standard under the IRPA and were not required to wait for the outcome of criminal proceedings before determining inadmissibility.
It further held that the visa officer was entitled to consider allegations contained in a foreign indictment when assessing admissibility and rejected arguments that foreign immigration laws should influence the interpretation of Canadian legislation.
The judge also dismissed claims of procedural unfairness, noting that Partey had been informed through a procedural fairness letter that his admissibility was in question because of ongoing criminal proceedings abroad but failed to adequately address those concerns.
Although the Court acknowledged the importance of participating in an international sporting event, it held that the alleged reputational and sporting harm was largely speculative and insufficient to justify the extraordinary relief sought.
The ruling further stated that preserving the integrity of Canada’s immigration system and Parliament’s intent in enforcing inadmissibility provisions outweighed the applicant’s request for urgent intervention.
While dismissing the application in its entirety, the Court encouraged immigration authorities to process Partey’s pending requests for reconsideration and a Temporary Resident Permit as expeditiously as possible.
The decision leaves the visa refusal in force, meaning Partey remains unable to enter Canada unless administrative relief is subsequently granted, effectively ruling him out of Ghana’s World Cup match against Panama and any further matches should the Black Stars progress in the tournament.
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