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I am applying for a working holiday visa subclass 462 to Australia and wanted to know if my past refused entry into Canada could negatively impact it. I was traveling with friends when the border control searched my car, they found marijuana on two of my friend's. Their passports were flagged for seven years and they were fined, I was not, but we all had to leave Canada.

There is this question from the visa application: Has any applicant ever been removed, deported or excluded from any country (including Australia)?

I answered no because each of these words has a legal definition that did not apply to my specific scenario. They require specific orders from an immigration judge.

Removal order- A removal order is issued when someone is convicted of breaching the Immigration and Refugee Protection Act in Canada. If you have committed a crime or are in Canada fraudulently, you could be issued a removal order. The Canada Border Services Agency is responsible for carrying out removal orders.

Deportation Order- you are permanently barred from returning to Canada and cannot return unless you apply for an ARC. If the CBSA paid for your removal from Canada, you must also repay that cost before you are eligible to return.

Exclusion Order- you cannot return to Canada for one year. If you do wish to return before the 12 months have passed, you must apply for an ARC. If an exclusion order has been issued for misrepresentation, you cannot return to Canada for five years. If the CBSA paid for your removal from Canada, you must repay that cost.

My question is whether it is marked anywhere on my passport that I tried to enter Canada but did not make it in.

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    If we're going with the "strict interpretation"/"legal definition" argument (which I'm not even sure is the right way to go here), shouldn't you be at least using the Australian definitions of removed/deported/excluded? It doesn't make sense to point to the Canadian definitions when you are filling out an Australian form. – Hunter Jul 25 '18 at 14:13
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    Most immigration forms have notes about how to answer. Are there notes about this question, and what do they say? – DJClayworth Jul 25 '18 at 14:14
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    If you fail to disclose the incident but Australia knows about it, you will almost certainly be refused, and might end up being unable to enter Australia for the rest of your life. (I don't know Australian law on this, but it can happen in other countries.) I would say your chances are better if you are honest. – phoog Jul 25 '18 at 14:58
  • I'd consult a registered migration agent. – jcm Aug 18 '18 at 20:36
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    "...but we all had to leave Canada." sounds a lot like "removed". As others have pointed out, Australia is not very forgiving and will ban you a minimum of seven years. – AussieJoe Aug 21 '18 at 20:33
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The safe choice is to declare the incident and let the Australians figure out whether they care or not.

Answering yes to that question does not result in an automatic refusal -- no country's goverment would be so stupid as to give every other country in the world a veto on who they are going to let in. (E.g., if you were once refused entry at the Brutopian border because you had written a letter to the editor criticizing the human rights situation there, I doubt the Austrailans would count that against you -- except if you try to hide that fact from them when they ask you explicitly).

Australia wants to know about previous immigration trouble because it might point to something they care about. But they want to decide for themselves what they care about, not to have applicants try to make that determination for themselves.

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    +1 I agree that is the safest choice. – user 56513 Aug 18 '18 at 19:14
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It is important to note that you are not asked about "withdrawals of applications for admission" in your Australian visa application because there is no equivalent concept under Australian law.

Australia operates a universal visa regime, which means everyone who turns up at the border either has a visa (all foreigners other than New Zealand citizens) or has made a valid application for one (New Zealand citizens). Therefore the only possible outcomes at the border are:

  1. being "immigration cleared" (i.e. allowed entry)
  2. have the visa cancelled/visa application refused, which leads to removal.

That is, once you turn up at the Australia border, there is no "voluntary" way back.

In addition, both Australia and Canada are members of the Five Country Conference, and have agreements in place for the sharing of immigration data. If the Australian authorities want to find out your Canadian immigration history, they can.

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From what you described, CBSA allowed you to withdraw your application for admission (and your companions deemed inadmissable and sanctioned). While you couldn't enter the country, it is not considered a refusal.

As such, it does not have be listed among your travel and entry history, unless asked specifically whether you ever withdrew an application for admission (at any border).

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    How do you know they were allowed you to withdraw their application for admission? – mdd Aug 18 '18 at 19:01
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    Using the USA as an example, Denied entry If you are applying for a nonimmigrant visa and have ever been denied entry into the United States by a US Customs and Border Protection (CBP) officer, you should bring a copy of the report of the incident, Form I-877 or I-867, to the visa interview. ie.usembassy.gov/visas/ineligibilities-and-waivers/…. In my opinion if it was the USA you were applying to they consider denied entry also under the broad question Has any applicant ever been removed, deported or excluded from any country – user 56513 Aug 18 '18 at 19:11
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    Basically I am saying you could be treading dangerous ground if you answer that question No. It could be viewed as misrepresentation IF they found out this incident. Trying to go legalistic with immigration/visa officers can lead to disaster if you're not being represented by an immigration attorney. – user 56513 Aug 18 '18 at 19:12
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    THIS ANSWER IS FALSE. I was filling out an application on this assumption, and was not aware that a Canadian "Allowed to Leave" counts as a refusal. It is not marked on the passport, but it stays in the system that US, Canada, Australia, UK, and New Zealand all share. As a result, I was charged with misrepresentation, and had to go through a lot of trouble to be able to overturn this charge. – Alex Nov 12 '18 at 16:28

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