Immigration Corner | My passport was seized

Dear Ms. Powell,

I am in Canada and my passport was seized. I now want to return home for my mother’s funeral. How do I get back my passport? Thank you.

KL

Dear KL,

I would need additional information about the reason, the time and the circumstance that led to the seizure of your passport to determine the steps that you need to take to possibly recover it.

COMMON REASONS FOR SEIZURE

The authorities usually provide you with a Notice of Seizure, which would outline the reasons for the seizure. This will determine the steps that you need to take to recover your passport.

Your passport may have been seized for several reasons. First, if there may be concerns about your immigration status, or if you are a refugee claimant, then the immigration authorities may seize your passport as a part of the process. Second, if the immigration authorities suspects that the passport was fraudulently obtained, or a general misuse of your passport, then they may seize the passport pending the investigation and a decision or finding could have severe consequences. Third, a court may order the seizure of your passport if you are involved in a legal proceeding, and they deem it necessary to prevent you from leaving the country.

STEPS TO TAKE

It is best for you to meet immediately with a Canadian lawyer to provide you with direct legal advice based on the circumstances of your case. A lawyer can help you understand your rights and the best course of action to take. However, I will outline some basic information and possible steps you could take.

The Canadian Bill of Rights and Freedoms protects citizens’ privacy and prohibits the confiscation of property without due process. This means that unreasonable search and seizure conducted by the authorities, or law-enforcement officers, without a search warrant, or probable grounds to think that evidence of a crime exists, may be grounds to state that the passport should not have been confiscated in the first place. You may need a lawyer to assist you with this application, as this would involve your local police and legal authorities.

You may also contact the authorities involved directly to request additional information. The relevant authorities could be Immigration, Refugee and Citizenship Canada, if the seizure is related to an immigration issue. If the issue involves security and immigration enforcement, then you may need to contact the Canada Border Services Agency.

There is the option of simply completing an Application for the Return of a Seized Travel Document and/or Identity Document. This application should be done within 60 days after the day in which the notice was provided. You will need to have the seizure number and provide details about the reason for the request and that you are the lawful owner of the document.

The passport may be returned to you if the seizure was done in error, or there is no reason for the continued retention, or it may be returned on certain conditions.

After submitting your application, you may follow up with the authorities, who may request that you provide additional information to justify the return of the documents.

Having your passport seized can be a daunting experience. However, it is your duty to know and understand the reasons for the seizure and follow the appropriate steps to have it returned to you. I strongly recommend that you contact a Canadian lawyer to seek legal advice if you are unsure about the reason for the seizure and the procedure to have your document returned.

Deidre S. Powell is a lawyer, mediator and notary public in Canada. WhatsApp or Tel: 613.695.8777. You may request a Zoom/telephone consultation to receive personal advice about the Canadian immigration process.