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.

Borders Law firm

Michael Freeman

The team at Borders - specifically Devika and Jenny - were an extraordinary support in navigating the Permanent Residency process. They were responsive and easily available, and incredibly detailed and thorough in their work. I strongly recommend them for anyone navigating the immigration process, and feel so grateful for their expertise and kindness that made a tricky process feel smooth.

Lalit Kainth

Borders Law Firm did a great job handling my parents H & C application. I definitely recommend to use them!

sandeep r

My PR Application was taking long time and finally had a query on my case. That is when I approached Border's Law. Devika and Brendan handled my case very professionally with extra care. I highly recommend this law firm especially when you need that extra help. Thanks Devika and Brendan, you guys were so patient with me :).

Arjun Vegesna

Absolutely delighted with John from this firm with the way he counselled with suitable options available for me on migration to Canada, documentation submissions, query resolutions, visa processing and continued personal support and follow up until the last step. Would recommend this firm for anybody blindly looking for immigration help. They would guide you with complete transparency and professionalism.

See more Google Reviews

Copyright © 2024 Borders Law firm
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.