Have you submitted an immigration application, gotten a negative response, and cannot figure out why? … Continue Reading
Category Archives: Evidence
Mobil Oil
A breach of procedural fairness will generally result in a reviewing tribunal or court remitting the matter back for reconsideration. There is, however, an extremely narrow exception to this known as the Mobil Oil principle. In Mobil Oil, the Supreme Court of Canada decided not to send a case back for redetermination because the matter… Continue Reading
Visa Officers take Documents at Face Value
Where a visa officer relies on evidence received from sources other than an applicant, the applicant must be made aware of the information in the possession of the officer, and must be afforded an opportunity to respond to it. However, where all of the evidence relied upon by an officer is received by the applicant, then the officer is entitled to take the evidence at face value. The duty is on the applicant to explain any parts of the application that should not be taken at face value. This is a lesson that a recent student of Manav Rachna recently learned the hard way. … Continue Reading
PRRA Officer Did not Consider Important Country Report
On June 7, the Federal Court released its decision in Ariyaratnam v. Canada (Citizenship and Immigration), 2010 FC 608 (“Ariyaratnam“) The case involved a 28 year old from Sri Lanka whose Pre-Removal Risk Assessment (“PRRA“) and Humanitarian & Compassionate applications were refused. The appellant argued in Federal Court that the assessing officer (the “Officer“) had a… Continue Reading
When The Same Immigration Officer Keeps Rejecting Your Case
On June 7, the Federal Court released its decision in Delos Santos v. Canada (Citizenship and Immigration), 2010 FC 614. The applicant argued that it was a breach of procedural fairness that the same officer heard determined both the applicant’s humanitarian & compassionate (“H&C“) application as well as applicant’s Pre-Removal Risk Assessment (“PRRA“). The Federal Court… Continue Reading