Thomas Partey’s hopes of representing Ghana tomorrow remain uncertain after a Canadian court heard arguments challenging the refusal of his visa application, with the judge reserving a decision that could determine whether the Black Stars midfielder is cleared to enter the country.
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The hearing focused on whether Canadian immigration authorities acted fairly in refusing Partey’s visa, a decision that has cast doubt over his availability for Ghana’s upcoming fixture.
What happened in the Thomas Partey visa refusal hearing?
The case was heard before the presiding judge, with the lawyer representing Canada’s Ministry of Citizenship and Immigration (MCI), the defendant in the matter, appearing on behalf of the government.
Right at the start of proceedings, Thomas Partey’s legal team submitted an amended application that had only been filed the previous night. The lawyer for the defendant challenged the late filing, arguing that it did not materially alter the evidence before the court.
The judge agreed with the Canadian government and declined to give significant weight to the amended application, allowing proceedings to continue on the basis of the existing record.
Thomas Partey’s lawyer argues visa refusal was unfair
Representing the Ghana international, Thomas Partey’s lawyer was allotted 25 minutes to present the case.
The lawyer maintained that refusing Partey’s visa was unfair because the criminal charges he faces in the United Kingdom have not been determined by a court and have no direct connection to his intended visit to Canada.
According to the submissions, Partey was not seeking to immigrate to Canada but merely to enter the country temporarily to carry out his professional duties before returning to the United Kingdom.
The lawyer further argued that immigration officials failed to properly assess the entirety of his application and made errors during the decision-making process.
The submissions also highlighted that:
- Partey has pleaded not guilty to the charges.
- The legal proceedings in the UK are still ongoing.
- He has not been deemed a flight risk by British authorities.
- He lives in the United Kingdom and works in Spain.
- His travel documents remain in his possession.
According to the defence, these factors should have been considered before refusing his application.
Canadian government focuses on disclosure issue
The Canadian government’s argument centred heavily on information contained in Partey’s visa application.
The lawyer for the defendant argued that the application form required disclosure of pending criminal charges in the United Kingdom but that this information was omitted.
Thomas Partey’s lawyer responded that the footballer had not personally completed the form and that another individual had prepared it on his behalf, meaning the omission was not intentional.
However, the judge indicated that because Partey’s signature appeared on the application, responsibility for its contents ultimately rested with him.
That position appeared to weaken one of the key elements of the challenge.
Court questions claim of irreparable harm
Thomas Partey’s legal team also argued that the visa refusal had caused significant reputational damage and could irreparably harm his football career by denying him the opportunity to play at the World Cup.
However, the court noted an apparent factual inaccuracy in the application.
The lawyers had stated that Partey had never previously played in a World Cup, but the judge pointed out that this was incorrect. The lawyer for the defendant also confirmed that he had already featured in a previous World Cup and played three matches.
That finding appeared to reduce the force of the argument that missing this tournament would represent a unique and irreversible career opportunity.
On the issue of reputational damage, the court also noted that if Partey is ultimately acquitted in the UK proceedings, there would be nothing preventing him from applying to enter Canada in future.
Why Thomas Partey’s visa was refused
According to the immigration decision letter, Canadian authorities determined that Thomas Partey is inadmissible under Canadian immigration law because of the serious criminal charges he currently faces in the United Kingdom.
The letter states that he faces seven counts of rape and one count of sexual assault.
Canadian officials classified the alleged offences as indictable crimes that would carry maximum penalties of at least 10 years’ imprisonment if committed in Canada.
On that basis, authorities concluded that he falls under the criminal inadmissibility provisions contained in Section A36(1)(c) of Canada’s Immigration and Refugee Protection Act.
The decision letter also refers to concerns about disclosure of relevant legal information, although the primary basis for refusal was the seriousness of the pending charges and how they are classified under Canadian immigration law.
Partey has pleaded not guilty to the charges, and the criminal proceedings in the United Kingdom remain before the courts.
When will the judge decide?
After hearing submissions from both sides, the judge said the court had reviewed the evidence and arguments but required additional time before issuing a ruling.
Thomas Partey’s lawyer urged the court to act quickly because of the time-sensitive nature of the case, a request the judge acknowledged, indicating that efforts would be made to expedite the decision.
In closing submissions, the defence also argued that artists, musicians and other creatives facing similar circumstances had previously been permitted entry into Canada and suggested comparable consideration should be given to the Ghanaian footballer.
For now, however, the final decision remains pending, leaving uncertainty over whether Thomas Partey will be available to represent Ghana tomorrow.
