Law360 Canada ( October 7, 2024, 2:13 PM EDT) -- Application by Garcia for judicial review of Officer's redetermination decision finding him inadmissible to Canada on the grounds of criminality and misrepresentation. Garcia, a Mexican citizen, applied for an electronic travel authorization ("ETA"). During his travel to Canada, a Canada Border Services Agency (CBSA) Officer discovered unreported currency at the point of entry (POE). During the interview about the undeclared currency, with the help of a Spanish interpreter, Garcia admitted to being charged, despite initially declaring on his ETA application that he had never been charged with or convicted of a criminal offence. The CBSA officer concluded that the funds were proceeds of crime and that Garcia was inadmissible for misrepresentation for failing to indicate "yes" on his ETA application when asked whether he had ever been arrested, charged, or convicted. Garcia voluntarily withdrew his application to enter Canada. The CBSA Officer's finding of inadmissibility was found unreasonable and procedurally unfair by the Court, and the matter was remitted to a different officer for determination. Garcia reapplied for another ETA, and a visa officer sent a procedural fairness letter ("PFL") expressing concerns about potential criminality and misrepresentation. Garcia requested further disclosure from the visa officer regarding the basis for the claim of misrepresentation, provided detailed explanations and documents, and noted that the Embassy had not responded to his request for further disclosure regarding the alleged misrepresentation. A second PFL was issued, reiterating concerns about criminality and misrepresentation. Garcia responded with an affidavit denying any charges and explaining the POE incident. The Officer concluded that Garcia was inadmissible for organized criminality and misrepresentation, citing inconsistencies in his statements and the lack of a federal Mexican police certificate as reasons for the decision. Garcia argued that the Officer's decision was unreasonable....