Dear Francis,

Thanks for your gracious response.

It is my submission that it was primarily a lapse of the officials of
Mr. Faleiro's office for NOT making all the appropriate arrangements
ante Mr. Faleiro's travel from Canada to Brazil. (BTW: was he
traveling alone? and if others were traveling, what passports did they
have?)

My interest in this matter was NOT legal but one of common sense and
due diligence. My views are in keeping with those expressed by Mervyn
Lobo (never mind the beef Mervyn has/had with Mr. Faleiro).

The NRI office (Goa)  should have ensured that their boss was properly
taken care of.

This necessarily means the following:
(a) the Indian High Commission in Toronto was made aware.
(b) the Indian High Commission in Toronto was then requested to ensure
smooth passage at Pearson Airport.
(c) the airline on which travel is planned, was made aware and the
appropriate documentation made available.

It is my understanding - and you may correct me on this one that:

(d) Diplomatic passports are issued to diplomats. Government officials
are issued "official passports".
(e) Even if one has a diplomatic passport, the need for a visa is not
obviated. In fact, there is a need for a diplomatic-visa even if
ordinary passport holders of that country did not require a visa for
visit. The exception is when there is inter-governmental agreement.
(f) There was this inter-governmental agreement, BUT how was check-in
agent at Air Canada to know this ...at the Airport, that too just
before departure?

That brings me back to the original point i.e. The NRI office (Goa)
goofed up big time.

Now,
(g) you may not agree with the above points and
(h) Air Canada may pay 'compensation', but
(i) It is unlikely to happen again (or at least I hope so) because
(j) the jackasses at the The NRI office (Goa) would have learned
(hopefully) from this embarrassing saga.

I must add here that -  when we have these types of 'guests' who
arrive here via Europe and have to travel via the US, we do the
needful ....way before.....the "guests" arrive at the airport.

That exhausts my knowledge on this matter.

jc



2008/7/31 Francis Rodrigues <[EMAIL PROTECTED]>
Dear JC,

Thank you for your interest in the legal aspects of this matter.

You are right that changes have occurred in all travel since 9/11.

In accordance with the bilateral agreement between the Brazilian and
Indian Governments, signed on January 25, 2004, Hon. Faleiro, being in
possession of an Indian diplomatic passport, did not need a consular
visa to travel to Brazil.

Hon. Faleiro was on official Government business, and had all his
papers in order. Perhaps the airline's lapse was officiousness or lack
of communication.

In any case, it has been acknowledged and the process of restitution commenced.

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