The applicant, a citizen of Mexico, sought judicial review of a Canada Border Services Agency (CBSA) Border Services Officer's decision to cancel his electronic travel authorization (ETA).
During a secondary examination at a port of entry, the Officer found the applicant inadmissible for misrepresentation under paragraph 40(1)(a) of the Immigration and Refugee Protection Act without preparing a subsection 44(1) report.
The Federal Court held that the Officer lacked jurisdiction to make a final admissibility determination and breached procedural fairness by failing to follow the prescribed statutory procedure.
The application for judicial review was allowed, and the matters were remitted for redetermination.
