A Federal Court in Canada has dismissed an urgent application by Ghana international footballer Thomas Teye Partey seeking immediate entry into the country ahead of Ghana’s 2026 FIFA World Cup fixture in Ontario.
The application followed a decision by Canadian immigration authorities to refuse Partey’s visa on inadmissibility grounds under paragraph 36(1)(c) of the Immigration and Refugee Protection Act (IRPA), which permits a finding of serious criminality where there are reasonable grounds to believe an offence has been committed, even in the absence of a criminal conviction.
In his application, Partey sought interlocutory relief compelling immigration authorities to expedite reconsideration of the visa refusal and urgently process a Temporary Resident Permit (TRP).
The Court, however, held that although the application was framed as an injunction, the relief sought was, in substance, similar to an order of mandamus.
Relying on established Federal Court jurisprudence, the judge ruled that mandamus could not be granted outside the proper judicial review process and could not be used to compel administrative authorities to make decisions on an accelerated basis. The Court further held that granting the application would effectively amount to an interim declaration entitling the applicant to enter Canada.
Applying the three-part RJR-MacDonald test for interlocutory relief, the Court found that the applicant had failed to establish a serious issue to be tried.
The judge accepted the position of the respondent that immigration officers are entitled to rely on the “reasonable grounds to believe” standard under Section 36(1)(c) of the IRPA and are not required to await the outcome of criminal proceedings before determining inadmissibility.
The Court also held that the visa officer was entitled to consider allegations contained in a foreign indictment when assessing admissibility. It rejected the applicant’s argument that provisions of United States immigration law should influence the interpretation of Canadian immigration legislation, describing the comparison as irrelevant to the statutory framework governing Canada’s immigration decisions.
On procedural fairness, the Court found that Partey had been notified through a procedural fairness letter that his admissibility was under review because of ongoing criminal proceedings abroad. The judge held that the applicant did not adequately address those concerns or provide sufficient evidence to rebut them.
The Court further ruled that the applicant had failed to demonstrate irreparable harm.
While acknowledging the significance of participating in an international sporting competition and the potential reputational consequences, the judge found that the evidence presented was largely speculative. The ruling noted that much of the alleged reputational harm arose from the broader context of the criminal allegations in the United Kingdom rather than from the Canadian immigration decision itself.
On the balance of convenience, the Court held that maintaining the status quo was in the public interest, stressing the importance of preserving the integrity of Canada’s immigration system and Parliament’s intention to enforce a robust inadmissibility regime for serious criminality.
The judge concluded that granting the requested relief would improperly interfere with lawful administrative decision-making and undermine consistent enforcement of Canada’s immigration laws.
The motion was therefore dismissed in its entirety after the Court found that none of the three requirements under the RJR-MacDonald test had been satisfied.
The Court, however, acknowledged the time-sensitive nature of Partey’s pending requests for reconsideration and a Temporary Resident Permit and encouraged immigration authorities to process them expeditiously, while making clear that no further judicial intervention would be granted.
The ruling leaves the visa refusal in place, meaning Partey remains inadmissible to enter Canada unless future administrative relief is granted, ruling him out of Ghana’s FIFA World Cup match against Panama and any subsequent fixtures should the Black Stars progress in the tournament.
