32-year-old Black Stars midfielder Thomas Partey may not be a part of the Black Stars team’s World Cup opener in Canada on Wednesday, June 13, 2026, after Canada denied his visa application while he awaits trial on multiple charges of rape in the United Kingdom.
He has been charged with seven counts of rape and one count of sexual assault by London’s Metropolitan Police and is awaiting trial. He has pleaded not guilty to all charges. His trial has been pushed back to start on June 8, 2027.
Partey is on bail during the legal proceedings, with a condition that he does not contact the alleged victims. He has not been convicted of any crime yet. Partey is the Vice Captain of the Black Stars, and with his role being instrumental, his exclusion from the team for their first match against Panama in Canada might be a big blow.
This piece seeks to explain what Canada’s immigration law says, how immigration authorities might make decisions about someone such as Thomas Partey, and reference past instances.
The Canadian Immigration Law: IRPA Sections 33 and 36
Partey’s visa denial is rooted in two interlocking provisions of Canada’s Immigration and Refugee Protection Act (IRPA).
Section 36: Criminal Inadmissibility
Section 36 of IRPA establishes when criminal activity may render a person inadmissible to Canada. It addresses both convictions in Canada and convictions or acts committed outside Canada. The two categories are “serious criminality” and “criminality.”
According to the act, for a foreign national, a person may be considered inadmissible if they: Were convicted of an offence in Canada that carries a maximum punishment of 10 years or more, or committed an act outside Canada that would be equivalent to a Canadian offence punishable by up to 10 years or more.
Rape falls under the “serious criminality” category. Rape in Canada, under Section 271–273 of the Criminal Code, carries a maximum sentence of life imprisonment, easily clearing the “serious criminality” bar.
Section 36(1)(c) : The Critical Clause for Partey
This is the provision that most directly applies to Thomas Partey, and it is the most controversial one. A foreign national can be found inadmissible for “committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament.”
Section 33: The “Reasonable Grounds to Believe” Standard
Section 33 of IRPA, under the caption “Rules of Interpretation”, states that the facts that constitute inadmissibility include facts for which there are reasonable grounds to believe that they have occurred, are occurring, or may occur.
This standard is lower than the criminal court standard, where one needs to prove beyond a reasonable doubt that a crime has been committed. So, with this act in practical terms, immigration officers and courts can rely on credible and trustworthy information, such as police charges, court documents, and investigative records, to make a decision on whether to grant you a visa or not.
So for immigration inadmissibility cases, the Canadian government does not have to prove allegations beyond a reasonable doubt, which is the standard used in a criminal trial. Instead, it only needs to show that there are reasonable grounds to believe the allegations are true. This means that evidence can be considered as proof even if it did not lead to a criminal conviction.
So in Partey’s case, the seven formal charges filed by the London Metropolitan Police may be sufficient to satisfy Canada’s immigration requirements level of proof, even though a court has not yet determined his guilt. As IRCC confirmed, foreign nationals can be found inadmissible even without a foreign conviction, noting “when there are reasonable grounds…” to believe an act was committed.
Does This Conflict with International Law on Presumption of Innocence?
What international law says;
The presumption of innocence is enshrined in Article 14(2) of the UN International Covenant on Civil and Political Rights (ICCPR): It states that “everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.”
According to the UN, no guilt can be presumed until the charge has been proved beyond a reasonable doubt. Furthermore, the presumption of innocence implies a right to be treated in accordance with this principle.
The 50 Cent and Lil Wayne Comparison: Why It Matters
Many rappers, including DMX, The Game, Lil Wayne, Coolio, and 50 Cent, have had similar issues where some were denied entry to Canada due to criminal convictions. However, rapper 50 Cent is among those who received a Temporary Resident Permit to enter Canada for a concert.
However, this is a critical distinction. 50 Cent was dealing with actual convictions and established criminal records. They were denied entry as a baseline because of those convictions, and then some were later granted Temporary Resident Permits (TRPs), which are discretionary waivers Canada issues when the need to enter outweighs the risk.
Overcoming Criminal Convictions to Enter Canada
Even though Thomas Partey has not been convicted yet, there is a section under Canada’s immigration law that offers discretionary waivers for persons to enter Canada. It explains that “if you have committed or been convicted of a crime, you may not be allowed into Canada. In other words, you may be ‘criminally inadmissible.”
However, depending on the crime, how long ago it was, and how you have behaved since, you may still be allowed to come to Canada, if you convince an immigration officer that you meet the legal terms to be deemed rehabilitated, or applied for rehabilitation and were approved, or were granted a record suspension, or have a temporary resident permit.
The only waiver that might be applicable to Thomas Partey is the temporary resident permit waiver. A temporary resident permit is issued to a foreigner who is inadmissible to Canada or does not meet the requirements of the Immigration and Refugee Protection Act.
The onus, however, lies on an immigration or border services officer to decide if the person’s need to enter or stay in Canada outweighs the health or safety risks to Canadian society.
Reactions from FIFA and Government Officials
FIFA’s response
The world football governing body, FIFA, in a statement issued by a spokesperson, confirmed Partey’s visa denial and explained that it is not involved in immigration processes of host countries, and as such, the decision falls entirely under the authority of the Canadian government.
“FIFA can confirm that player Thomas Partey will be unable to travel from Ghana’s team base camp in Boston, USA, to Canada for their first match against Panama on Wednesday 17 June, as his visa application has been refused by the Canadian government,” the statement said.
“FIFA is not involved in the immigration processes of host countries, including the adjudication of visas. As with previous FIFA events, the host government ultimately determines who receives a visa and is admitted into the country.”
On the other hand, the Ministry of Foreign Affairs says it has begun active diplomatic engagements with Canadian authorities over the matter. The ministry has however called on Canada to reverse its decision.
“While respecting Canada’s sovereign right to enforce its immigration laws, Ghana considers that reliance on unproven charges in the absence of a judicial determination raises fundamental questions of fairness and proportionality. Ghana remains committed to constructive engagements with Canadian authorities and to upholding the rule of law, human rights, and the presumption of innocence,” the statement said.
Conclusion
Thomas Partey’s visa denial highlights the complex balance between Canada’s immigration laws and the principle of presumption of innocence. While he has not been convicted and continues to deny all charges, Canadian law allows immigration authorities to refuse entry where there are reasonable grounds to believe a person may be inadmissible for serious criminality.
However, the decision may not be final, as Canadian law provides for a Temporary Resident Permit in exceptional circumstances where the benefits of entry outweigh potential risks. With diplomatic engagements ongoing between Ghana and Canada, the possibility remains that a resolution could be reached that allows Partey to participate in the first match of Black Stars in Canada.
Source: DUBAWA GHANA
