In a recent landmark ruling, Canada’s federal court has reaffirmed a critical aspect of procedural fairness in immigration matters. The ruling underscores that Immigration, Refugees and Citizenship Canada (IRCC) officers are not obligated to inform applicants of deficiencies in their applications before rendering a decision. This decision serves as a vital reminder for applicants to approach the process with thoroughness and seek professional guidance to ensure the strongest possible application. The case in question involved an Iranian citizen aspiring to launch an IT consulting business in the Vancouver area under the International Mobility Program. Despite presenting a comprehensive business plan and legal counsel submissions, the applicant faced challenges during the review process. The immigration officer highlighted a disparity between the applicant’s proposed initial investment of $138,600 CAD and the demonstrated bank balance of approximately $150,000 CAD. In other words, the total balance of $150,000 was too small to support a transfer of $138,600, which would have left the parent company with insufficient funds. Additionally, the officer raised concerns about the ambitious sales estimates lacking tangible support through contracts or clients. Consequently, the officer concluded that the business plan did not sufficiently demonstrate a significant benefit to Canada and denied the work permit. Upon seeking judicial review, the applicant contended that the decision was unreasonable and that he had been deprived of procedural fairness. He argued the viability and potential benefit of his business, citing his background, skills, and initial steps taken to implement the plan. Furthermore, he asserted a misunderstanding regarding the evaluation of his expenses, revealing additional assets in Iran worth over $2 million. The court, however, upheld the officer’s conclusions, emphasizing their transparency, intelligibility, and justifiability based on the evidence provided. The court affirmed the officer’s discretion to consider the applicant’s proposed investment as an unreasonable expense, especially given the lack of reference to the substantial assets in Iran. Crucially, the ruling clarified that procedural fairness does not mandate officers to inform applicants of application shortcomings or concerns. This places the onus on applicants to present a comprehensive and robust case from the outset, leaving limited opportunity for rectification post-submission. To navigate this landscape effectively, prospective immigrants are strongly encouraged to consult with experienced immigration attorneys. Legal professionals can offer invaluable insights, identify potential weaknesses in applications, and guide applicants on bolstering their case. As the federal court ruling implies, officers may only be prompted to seek additional information if concerns arise beyond regulatory criteria, credibility, accuracy, or the genuine nature of the information submitted. Back to all posts Share this post: Facebook-Logo Twitter-Logo Linkedin pinterest Mail-Logo
Richa Jain Our biggest dilemma while researching for an Immigration Consultant was someone we could trust and that could manage our application well. We are so glad to have found Borders Law Firm. Devika gave us exceptional guidance due to which we got ICT Work Permit approval. Big thanks and appreciation for Jenny Mao for such professionalism and dexterity shown while handling our application. Kudos to BLF team for their superb work and simply for the trustworthiness they have ..… Best Wishes !
ravinder kaur I and my family want to express our sincere thanks and gratitude to Devika, John and the team at Borders Law firm for assisting us with the PRTD application at a time when most processing was closed due to lockdowns. They also worked proactively with us to establish a good strategy with back up plans which gave us sufficient information and assurance. Very responsive and forthcoming with information. Proactive in processing but at the same time they put enough time in the application and the supporting details to have high quality of the application. As a result our application was processed in 1 go at a time when it was critical and sensitive time for the family. Thank you again.
Neha K Borders Law firm - Devika OMG where do I start from.... so I got her number from my CA who I have been getting my taxes filed from last ten years. I was not sure what will happen to my mom's files becuase I had already tried four times before and everytime there was something or the other that happened and my application was not accepted... Devika has been my good luck, an angel in my life and a miracle believe it or not. I wish I could give you the details about why it was so so so important for my mom to get this immigration but unfortunately I can't share my personal details but I can tell you all one thing, that Devika and her team not only helped me with my mom's immigration case but also helped me with her super visa extension and all other obstacles we faced. I had no idea that my file can get approved so fast. Today I feel like my dream of having my mom here permanently came true all because of Devika.She is very knowledgeable, super patient, went out of her way to do, spent extra hours assisting me and completing this file. Always understood and heard my issues, with patience. I don't know how many times I cried with her and she always gave me hope and strength to be patient and wait for the approval. Honestly I am very impressed how she adds human touch to her immigration cases and treats the families with so much love and always been very professional as well. Devika is the best, she has an awesome awesome team. I can go on and on and on about her. I always suggest my friends her name and tell them about her services.It feels so good when I give her number to people in need of a good immigration lawyer, because in my heart I know that Devika will be able to help them with their immigration very well.She is the best Thank you Devika for being a great lawyer,a great human being and an angel in my life. Himanshi (Mansi)
Baljinder Singh Everyone in this office was incredibly supportive and helpful. In a situation that could have been very stressful, they took care of EVERYTHING. Thanks Jenny and Devika for providing exceptional service. Dealt with them for the second case, they kept me in loop for the whole process. Highly recommend using them again which in hindsight I will not have to but if you ever need legal help, they are definitely the people to go to!