Right to Counsel at Interviews

Steven MeurrensUncategorized

In Brar v. Canada (Citizenship and Immigration), 2025 FC 130, Justice Norris reiterated that the right to have counsel present at an interview has been recognized as an element of procedural fairness.  While visa officers have the discretion to exclude counsel from an interview, that discretion must be exercised consistently with the duty of fairness and in light of the particular facts of the case. In order to demonstrate that there was a breach of procedural fairness, it must be demonstrated what would have been different had counsel been permitted to attend.