Appeals

Appealing a FAST Rejection/Violation

How you appeal a rejection of your FAST application or a revocation of your Free And Secure Trade membership depends upon what happened.

  • If your FAST Card application was rejected, you must appeal to the agency that rejected it
  • If your FAST Card membership is revoked, you must appeal to the agency that revoked your Card (in person or by letter)

If you are not sure which agency rejected your application or revoked your card, you should appeal to the agency you believe to be responsible, which is often the agency of the country you are not resident of.

 

Appealing a Canada Border Services Agency (CBSA) Decision on Your FASt Card Application

You must appeal a CBSA decision within 90 days of the decision.

Before you file your appeal, you will need to gather proof of the decision you are appealing. There’s a different proof of each:

  • Rejections: Log on to the TTP website, print off a copy of the rejection letter and include it in your appeal.
  • Revocations:
    • If your FAST card was confiscated, you need a letter proving this. If you did not receive formal notice (in writing) of the revocation of your membership, be sure to call the enrolment centre nearest to where your card was confiscated. Ask to speak to a supervisor, either by speaking to staff or leaving a message, and enquire as to the status of your membership. If it is revoked, request a letter.
    • If your membership formally revoked by letter, you to provide that letter as part of your appeal.

 

FAST Card Appeals: Ministerial Review aka Presidential Review

The process for an appeal of a CBSA decision is called “ministerial review” or “presidential review.” This is a request for the office of the President of the CBSA to review the rejection of your FAST Card application OR the revocation of your FAST membership.

Please Note: The President of the CBSA is only able to review rejections or revocations by CBSA officers. Rejections or revocations by CBP officers cannot be appealed in Canada.

 

Information Required for Ministerial Review/Presidential Review

In order to successfully appeal by requesting a review, you must include all of the following information:

  • Your full name as it is displayed on your FAST Card or how you wrote it in your FAST application;
  • Your current residential address and, especially, your mailing address if it is not the same as your residential address;
  • The telephone number you can be reached at during work hours;
  • The fact that you are requesting a review of a CBSA decision regarding your FAST membership;
  • Your Free And Secure Trade membership number (if you are appealing a revocation or a rejection of a renewal application);
  • A full explanation of the circumstances of your rejection or revocation:
    • Rejections: You must explain why you believe you are actually eligible for the FAST program and should include proof addressing what you think is the likely cause of the rejection (for example: if you believe the CBSA mistakenly believes you to have a criminal record, include a criminal record check showing you do not have a record);
    • Revocations: Give details to exactly what happened when your card was confiscated or what led to the issuance of the letter from the CBSA revoking your membership.
  • Your Authorization Letter allowing to the CBSA to communicate with your appointed representative (if you have sought legal help); and
  • Any additional information or documents you believe will help your case.

 

Submitting Your Presidential Review Request

You must submit your request for a review within 90 days of the date of the rejection of your application or the official revocation of your FAST membership.

You can submit your CBSA presidential review request online here.

If you would prefer to submit your appeal by mail, submit it to this address:

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

Alternatively, you may fax your entire appeal package to 343-291-7239

 

What Happens After You Submit a Presidential Review

  1. If you submitted your appeal by mail or by fax, you will receive a letter of receipt by mail. Online submissions do not receive receipts by mail.
  2. A CBSA “Recourse Officer” will review your case.
  3. Once the Recourse Officer, 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 Presidential Review

If your presidential review request is rejected but you still believe you deserve your FAST membership, you have one last recourse: judicial review. You will need a lawyer as this is a formal legal procedure. You can learn more here.

 

Appealing a Decision by US Customs and Border Protection (CBP) on Your FAST Card Application

In the US, all reviews of CBP decisions – and therefore are all appeals – must be requested through the Trusted Traveller Ombudsman. You must submit your appeal in writing by mail. You must include the following:

  • Your full name as it is displayed on your FAST Card or how you listed it in your online FAST application;
  • Your current residential address and, especially, your mailing address if it is different than your residential address, as you will receive correspondence by mail;
  • A telephone number that you can be reached during the business ours of the Trusted Traveller Ombudsman;
  • You must state formally that you are requesting the Ombudsman to review the decision about your Free And Secure Trade membership;
  • Your Free And Secure Trade membership number, if you are appealing a revocation or a rejection of a renewal application;
  • Details about what happened:
    • Rejections: Explain why you believe you are actually eligible for the FAST program and you should include any proof you believe shows you to eligible, such as a criminal record check showing you do not have a record;
    • Revocations: Give the details about when your card was confiscated or of the event that prompted the revocation letter but be sure to cite US laws, regulations and/or policies if you can
  • and
  • Any additional information or documents you feel will help your case.

Submit your request to:

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

In Border Cards’ experience, it will be months before you get an answer.

 

Why Was My FAST Card Confiscated?