For frequent travelers between Canada and the United States, the opportunity to save time at the border and make use of the NEXUS entry process is alluring.  Applying for NEXUS is a labour-intensive process, and after submitting some applicants may be surprised to find their applications rejected.  Not all hope is lost, however.  In this Report we review appeal rights, and why specialized assistance will usually be required, if results are to be maximized.  

Why was my NEXUS application denied?

 Applicants who receive a rejection letter may see a number of different possible reasons for the rejection, including one of the following:

• Not meeting the residency requirements of the NEXUS program;
• Being convicted of a criminal offence for which no pardon or record suspension is received;
• Being inadmissible to Canada under the Immigration and Refugee Protection Act and its regulations; and
• Having contravened customs and/or immigration program legislation.

Any one of these can be used as justification to reject a NEXUS application.  A minor mistake at the border, such as forgetting an apple in a bag or misunderstanding travel allowances after a long travel day, can come back to haunt applicants years later as their applications are rejected.  Rejections may feel unjustified, but applicants do have an opportunity to challenge that rejection and convince the Canada Border Services Agency (CBSA) that a mistake in the past doesn’t mean there will be mistakes in the future.   

Appeal Rights & Specialized Assistance

Applicants who have had their NEXUS applications rejected have the right to appeal by requesting a review of the decision.  Applicants have 90 days to submit their request, the timer beginning 15 days from the date on their rejection letter or immediately if informed in person.  Predicting the outcome of a review is impossible. Given the short timeline and not-insubstantial information and documentation requirements, specialized advice is crucial to ensure that an applicant’s request is complete, timely, and (most importantly) persuasive. 

The reason one needs to put one’s best foot forward in this process and get things right the first time is straightforward: this administrative right of appeal is the last stop before one is forced to go to the Federal Court on an application for Judicial Review (an extremely costly process usually open for only those select few who can afford that type of litigation). Putting one’s best foot forward in the CBSA appeal process is crucial, making it all the more prudent to engage an experienced lawyer for assistance.

Takeaways

Rejected NEXUS applicants can request a review of the rejection, but quick deadlines and informational requirements present a challenge.  This time limitation and the pressure to persuasively make a case that the past does not necessarily dictate the future calls for specialized assistance.  A NEXUS application rejection is not the end of the road, but applicants should take care to put their best foot forward.

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