Responding to Procedural Fairness Letters

Meurrens LawImmigration Trends, Work Permits

Where an applicant submits a complete application, but an immigration officer nonetheless has concerns regarding the merits of it, the immigration officer will often provide a fairness letter to the applicant.  This requirement has arisen from Federal Court of Canada jurisprudence which provides that the duty of procedural fairness can require that an applicant be … Read More

Procedural Fairness Where Credibility is an Issue

Meurrens LawHumanitarian and Compassionate

In an application to Immigration, Refugees and Citizenship Canada (“IRCC“) the burden is on the applicant to put forward a complete, convincing and unambiguous application which provides sufficient evidence to establish that the requirements of Canadian immigration legislation are met. Visa officers are not under an obligation to ask for additional information where the submitted … Read More

Extrinsic Evidence

Meurrens LawJudicial Reviews

Where immigration officers have extrinsic evidence particular to an applicant, and that applicant is unaware that the immigration officer has that evidence, then procedural fairness requires that immigration officers disclose this evidence to the applicant.

Asking the Embassy to Re-Consider an Application

Meurrens LawJudicial Reviews, Work Permits

Once a decision has been rendered in relation to an application for a humanitarian and compassionate exemption, is the ability of the decision-maker to reopen or reconsider the application on the basis of further evidence provided by an applicant limited by the doctrine of functus officio?

When Procedural Fairness Requires a Fairness Letter

Meurrens LawProvincial Nominee Programs, Study Permits, Work Permits

One of the most complicated topics in immigration law is determining when procedural fairness will require an immigration officer who is assessing an application to seek clarification in the form of a fairness letter or interview. As the Supreme Court of Canada noted in Baker v. Canada (Minister of Citizenship and Immigration) the the concept of procedural … Read More

The Right to Counsel at the Port of Entry

Meurrens LawInadmissibility

Section 10(b) of the Canadian Charter of Rights and Freedoms provides that: 10. Everyone has the right on arrest or detention (b) to retain and instruct counsel without delay and to be informed of that right; and In the immigration context, the right to counsel does not arise at most secondary examinations, unless the person is actually … Read More

The Doctrine of Legitimate Expectations

Meurrens LawJudicial Reviews

The doctrine of legitimate expectations is a procedural doctrine which has its source in the common law. Because the doctrine of legitimate expectations is a common law principle, it does not create substantive rights.

Procedural Fairness Owed by Provincial Nomination Programs to “Fraudulent” Consultants

Meurrens LawProvincial Nominee Programs

The Saskatchewan Queen’s Bench (the “Court“) in Kaberwal v. Saskatchewan (Economy), 2013 SKQB 244 has released a decision clarifying the procedural fairness owed by provincial nomination programs to immigration representatives accused of fraud.  To the best of my knowledge, it is the first decision on this issue. The Facts of the Case On December 31, … Read More