Many individuals think that either a visa officer, a Canada Border Services Agency (“CBSA“) officer or an Immigration and Refugee Board member is biased against them. This is not an argument to make lightly. Test for Bias In Committee for Justice and Liberty et al. v. National Energy Board et al., 1976 2 (SCC), [1978] 1 SCR 369, the Supreme Court of Canada held that in order for an individual to demonstrate that a government decision maker is biased, then: the apprehension of bias must be a reasonable one, held by reasonable and right minded persons, applying themselves to the question and obtaining thereon the required information. [T]hat test is “what would an informed person, viewing the matter realistically and practically — and having thought the matter through — conclude. Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly. As well, the Supreme Court of Canada has also noted that: Regardless of the precise words used to describe the test, the object of the different formulations is to emphasize that the threshold for a finding of real or perceived bias is high. It is a finding that must be carefully considered since … Read More
Appealing Loss of NEXUS Cards and NEXUS Application Rejections
Anyone who travels frequently understands the benefits of NEXUS membership. At airports, NEXUS members avoid long line-ups and save time using automated self-serve kiosks at eight designated Canadian international airports. The wait-times are much less than they are for non-NEXUS passengers. As well, NEXUS members are expedited through Canadian Air Transport Security Authority airport security screening lanes. This is the case even on domestic flights. Those crossing the US-Canada border by land enjoy a quick and simplified entry process using dedicated lanes. Wait-times are generally a fraction of what they are for non-NEXUS members. It is not uncommon for the NEXUS lane(s) to be empty while the non-NEXUS lanes have wait-times exceeding one hour. If you’ve never heard of NEXUS, you should read more about it on the CBSA website here. Considering all the benefits which membership in NEXUS provides, it is understandable why people whose NEXUS membership applications are rejected often seek recourse, as do people who lose their NEXUS. Legislation Regulation 6.1 of the Presentation of Persons (2003) Regulations, SOR/2003-323 provides that: NEXUS program (air, land and marine) 6.1 The Minister may issue an authorization that is recognized in both Canada and the United States to a person, other than … Read More
When You Don’t Understand the Reasons In the Visa Rejection Letter
Have you submitted an immigration application, gotten a negative response, and cannot figure out why?