Brown v. Canada (Citizenship and Immigration), 2024 FC 105

Case Summary

The applicant sought judicial review of a decision refusing his application for permanent residence based on inadmissibility due to misrepresentation, criminality, and serious criminality. The refusal resulted from his failure to disclose prior UK criminal convictions on his application. The applicant alleged ineffective assistance by his former counsel, who advised him to answer "No" to the criminality question after seeing a UK Police Certificate stating "No Live Trace." The Federal Court found that former counsel's failure to investigate the meaning of "No Live Trace" and subsequent failure to provide proper legal advice regarding the applicant's criminal history fell markedly below the standard of reasonable professional assistance. This failure resulted in actual prejudice, as the applicant would not have proceeded with the application in the same manner had he been properly advised. The application for judicial review was allowed, and the refusal decision was set aside.