Appealing Refusal/Revocation

Appealing a NEXUS Refusal/Violation

How you appeal a decision regarding your NEXUS membership that you are unhappy with depends upon whether your application to join the program was refused or whether your membership was revoked. Here is a handy chart:

Reason for AppealAgency Responsible
Refusal of your NEXUS Card ApplicationAgency that rejected your application or, if you're not sure, agency for the country you reside in (i.e. if you live in Canada, it's the CBSA; if you live in the US, it's CBP)
Card confiscated and/or membership revokedAgency that confiscated your card or revoked your membership

Appealing a CBSA Decision

You have 90 days to appeal a decision.

Before you request an appeal, you need proof that your membership was rejected or revoked.

  • Refusals: Log in to the TTP website and print off a copy of your refusal letter.
  • Revocations: If your card was confiscated or your membership formally revoked, you need a letter attesting to this, before you can appeal. Note: If your card is confiscated but you have not yet received formal notice that your membership was revoked, you should call the enrolment centre nearest to where your card was confiscated and ask to speak to a supervisor, as there may be a chance your membership was not revoked.

 

Ministerial Review/Presidential Review

The process for an appeal of a CBSA decision is called “ministerial review” or “presidential review.” You can submit your request by an online form or in writing.

CBSA can only review decisions by CBSA officers.

 

Information Required

In order to successfully request a review, you must include the following information:

  • Your name as it is listed on your NEXUS Card or on your application;
  • Your current residential address (and mailing address, if applicable;
  • Your daytime telephone number;
  • You must indicate that you are requesting a review of a decision about your NEXUS membership;
  • Your NEXUS membership number (if applicable);
  • A detailed explanation of the circumstances:
    • Refusals: State why you believe you are eligible and your application should not have been rejected, include a certified criminal record check if applicable;
    • Revocations: Explain in detail what happened and why you think the CBSA officer was in the wrong
  • An Authorization to communicate with your representative (if applicable); and
  • Any other relevant supporting information or documents.

 

Submitting Your Review Request

You must submit your appeal within 90 days of the refusal of your application or the revocation of your membership.

You can submit your review request online here.

If you would prefer to submit your request by mail, you can submit it here:

Recourse Directorate,
Canada Border Services Agency,
333 North River Road, Tower A, 11th Floor
Ottawa, ON K1A 0L8

Finally, you can fax your request as well: 343-291-7239

 

What Happens Next
  1. If you mailed or faxed in your application, you will receive a letter of receipt.
  2. A “recourse officer” will review the case.
  3. Once a decision has been made, you will be notified by registered mail, unless you are requested to attend an interview at an enrolment centre, and then you will be notified in person.

There is no publicly available timeline for ministerial reviews.

 

How to Appeal a Rejected Review

If your ministerial review request comes back negative, and you still believe you are in the right, you have only one other option: judicial review. You will need a lawyer. You can find more information here.

 

Appealing a US CBP Decision

In the US, any reviews or appeals of a CBP decision are handled by the Trusted Traveller Ombudsman. You must submit your request in writing. Include the following:

  • Your name as it is listed on your NEXUS Card or on your application;
  • Your current residential address (and mailing address, if applicable;
  • Your daytime telephone number;
  • You must indicate that you are requesting a review of a decision about your NEXUS membership;
  • Your NEXUS membership number (if applicable);
  • A detailed explanation of the circumstances:
    • Refusals: State why you believe you are eligible and your application should not have been rejected, include a certified criminal record check if applicable;
    • Revocations: Explain in detail what happened and why you think the CBP officer was in the wrong (cite laws, regulations and/or policies where possible)
  • and
  • Any other relevant supporting information or documents.

Submit your request to:

US Customs and Border Protection
P.O. Box 946
Williston, VT 05495
Attn: CBP Ombudsman

It will likely be months before you receive a decision.

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