The Ghana Football Association’s legal fight to get Thomas Partey into Canada may have targeted the wrong door, according to licensed immigration consultant Richard Marfo.
While the GFA challenged the border officer’s decision in court, Richard Marfo says the officer was “valid in law” and there was “no prejudice” in the ruling that barred the Black Stars deputy captain.
His advice: Stop fighting the officer. Apply for a Temporary Resident Permit, TRP, instead.
“Those at the helm of things do not listen. You cannot tell Canada how to regulate his borders. That law being used to bar Partey was not passed last week to target him. We must understand that,” Marfo told this reporter.
Why the Court Challenge Was the Wrong Move
Canada barred Partey under its criminal inadmissibility rules. He’s facing sexual assault charges in the UK, and under Canadian immigration law, anyone charged with an offence that would carry 10+ years in Canada is inadmissible.
Marfo argues the GFA’s court approach was flawed because the border officer simply applied existing law. “The officer’s decision was valid in law and there was no prejudice in reaching that decision,” he said.
In other words: The law isn’t new. It’s not personal. And Canadian courts rarely overturn an officer who correctly applies it.
The Remedy GFA Ignored: The TRP
Marfo says Canada anticipated this exact situation. For people who are “overarchingly punitive” inadmissible, Ottawa created a second category: the Temporary Resident Permit.
“A TRP allows individuals like Partey to enter Canada despite being inadmissible,” Marfo explained. “It’s the perfect remedy for his situation.”
A TRP isn’t a visa and isn’t permanent. It’s a waiver granted at the border or through an application if you can prove two things:
1. Your reason for coming is compelling
2. You pose no risk to the Canadian public during your stay
“Compelling Reason” – Why Partey Qualifies, According to Marfo
Marfo laid out the case the GFA lawyers should have made:
1. National + Sporting Importance: “He is Ghana’s star player and Deputy captain. A senior player who will inspire the younger ones.” For Canada, that’s a cultural/sporting benefit.
2. Economic Impact: “Some fans purchased tickets to the game because of him. Those fans might boycott the match if Partey fails to show up. Hence, there will be economic loss to the masses.” CBSA officers consider economic loss to organizers + local businesses as a “compelling” factor.
The TRP application would argue: Ghana vs Canada is not just a game. It’s tourism, broadcasting, jobs, revenue. Partey’s absence hurts more than Ghana.
“No Risk to Public” – How to Convince CBSA
The second hurdle is safety. Marfo says Partey’s lawyers could have cleared this too:
1. Bail + Continued Career: “He has already been granted bail and allowed to continue his ‘trade’ in Europe where he is being prosecuted.” If the UK trusts him to play for Villarreal, Canada can too.
2. U.S. Precedent: “USA with all their intelligence machinery saw him as no threat and granted him entry, therefore Canada must see him from the same lens.” The U.S. and Canada share border data, so U.S. approval carries weight.
3. Controlled Environment: “He will be confined with his teammates at their hotel and training facilities, therefore it will be impossible for him to violate anyone.” TRPs are often granted with strict conditions: hotel-to-stadium only, security detail, no public access.
4. Monitoring: “Lawyers could have offered a monitoring/tracking system acceptable to CBSA to check the movement of Mr. Partey and Ghana must be willing to bear the cost.” Canada grants TRPs to high-profile accused persons if GPS monitoring or daily check-ins are agreed.
Marfo’s conclusion: “The need for Partey to be in Canada is compelling and the perceived risk he poses to the public is minimal to none.”
Marfo’s Urgent Advice to GFA: “Drive to Niagara Tonight”
The court case may be slow. The TRP route is fast.
“If they are serious they can still salvage the situation by applying for the TRP at the Niagara Falls border,” Marfo said.
His step-by-step plan:
1. Drive Partey by land tonight to the closest Canada-U.S. border.
2. Lawyers meet CBSA officers there with a completed TRP application.
3. Hand over the application at the border. TRP decisions can be made “within a few hours” for urgent cases.
4. Niagara Falls to Toronto is 1.75 hours. “He can join the team just in time for morning training.”
A border TRP costs $200 CAD. It’s processed on the spot if the officer is satisfied. If denied, the person just turns back into the U.S. No ban is created.
Law vs Strategy
Canada’s border law didn’t target Partey. It targets anyone charged with serious crimes. But Canada also built the TRP as the escape hatch.
Marfo’s message to the GFA: “You can’t tell Canada how to regulate his borders. But you can speak Canada’s language. Compelling reason + no risk + monitoring = TRP.”
Whether the GFA takes the advice now depends on how fast they move. Kickoff won’t wait, and neither will CBSA officers at Niagara.
My question is: Should the GFA pivot from court to border and try the TRP route, or keep fighting the legal decision?
Alexander Afriyie, Supervising Editor, Ghanacrimereport.com and Ghanatalk.com