Canadian officials acted unfairly when files from applicants in the self-employed category were switched from a backlogged visa post, court rules.
The Federal Court has ordered Canada’s immigration department to reconsider the cases of 107 Iranian immigration applicants who were turned down en masse.
“Failure by a decision-maker to provide an applicant with notice of the case to meet constitutes a breach of procedural fairness.” The self-employed immigration program is meant to lure exemplary athletes, artists and farmers. The Iranian applicants in this program had been processed by the Ankara visa office, but 479 files in this category were transferred to Warsaw on March 7, 2018, due to backlogs in Turkey.
Under the old guideline, officers were also “expressly” advised that if they had “concerns about eligibility or inadmissibility, the applicant must be given a fair opportunity to correct or contradict those concerns” in compliance with the procedural fairness requirements. However, he said, officials in Warsaw not only ended the practice of sending supplementary document requests, but made “material change” in assessing an applicant’s business plans and evidence of the person’s intent and ability to establish in Canada.
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