Could I be denied working holiday visa because I was refused entry into Canada once?

Question

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.

Answer 1

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.

Answer 2

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.

Answer 3

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).