Canadian Court Stands Up For Immigrant: A Second Chance for D.C. Patel

Canadian Court Stands Up For Immigrant

Canadian Court Stands Up For Immigrant -Lawyer K. Kwan

Canadian Court Stands Up For Immigrant

Good news for immigration applicants to Canada! Yes, the government is on your side, if Citizenship and Immigration Canada has treated you unfairly. But, you might have to go through the ordeal of being represented in a Canadian court to prove it so. This is what happened in the case of a recent immigrant applicant to Canada. The federal Canadian court stands up for immigrant in the case of D.C. Patel, who applied to immigrate to Canada as an IT professional in 2010. By 2014 his application was rejected because Citizenship and Immigration Canada claimed they hadn’t received any of the required paperwork. Mr. Patel claimed he’d never received the request for additional documentation.

The correspondence between CIC and Mr. Patel occurred by email. Apparently the email requesting additional documents in August 2013 by CIC to Mr. Patel was never received. Since CIC couldn’t prove having sent the email–no print-out of the “sent” email–the judge decided in favor of Mr. Patel.

The findings of the court? There was a breach of procedural fairness because CIC couldn’t prove they’d ever sent the email; the ruling stated that the applicant would have to take responsibility for a failed communication only if the officials can show an email was sent.

He has now been given a second chance to submit an application for immigration! Let’s hope it doesn’t take another four years to get any balls rolling! Fortunately CIC can’t appeal the decision (the judge didn’t certify any question). Mr. Patel is a citizen of India, and also was awarded $3,000.

The moral of this story is to save all your correspondence with CIC not only in electronic format but also in printed format, and also to check in on your case status online, to find out if they are waiting for anything from you!

For more information about the case and the decision, here is a link to the Star’s article: http://www.thestar.com/news/immigration/2015/08/16/would-be-immigrant-from-india-awarded-3000-over-a-lost-email.html

Kind regards, Citizenship Test Canada.ca

 

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