The OBA Immigration Section recently convened a highly informative session with CBSA representatives and senior immigration counsel to discuss evolving port of entry (POE) issues. The session was a rare opportunity to hear directly from CBSA about how they approach applications at the border and how counsel can better prepare their clients. The discussion was wide-ranging, covering TRPs, criminal rehabilitation, work permits, flagpoling, enforcement flags, section 44 reports, and even the protection of solicitor-client privilege during electronic device searches.
A key theme of the discussion was that the standard of review for admissibility determinations has not changed. CBSA confirmed that they continue to apply the law consistently and that officers remain committed to a fair and predictable process. On the topic of Temporary Resident Permits (TRPs), CBSA encouraged counsel to ensure that applicants arrive with complete documentation that directly addresses the inadmissibility they are seeking to overcome. This includes police certificates, court records, and any other evidence relevant to the case. CBSA stressed that applicants must be prepared to answer questions truthfully and understand every part of their package, particularly when the package has been prepared by counsel. Officers cannot pause a TRP adjudication to request missing information, so a complete, well-prepared package is critical to avoiding refusals.