Judicial review granted where immigration consultant's failure to submit applicant's passport constituted ineffective assistance causing a breach of procedural fairness.
The applicant applied for judicial review of IRCC's decision to reject his permanent residence application as incomplete because it was missing a copy of his passport.
The applicant's former immigration consultant admitted to inadvertently submitting the applicant's spouse's passport instead of the applicant's.
The Federal Court held that the consultant's clear error amounted to incompetence that caused a miscarriage of justice, as the application would likely have been processed otherwise.
Although noting the applicant could have simply refiled a complete application rather than seek judicial review, the Court allowed the application based on the breach of procedural fairness.
Judicial review dismissed; ID reasonably found applicant inadmissible for security reasons due to PLO membership.
The applicant sought judicial review of a decision by the Immigration Division finding him inadmissible to Canada for security reasons due to his membership in the PLO.
The Federal Court found no breach of procedural fairness regarding the interpretation at the hearing.
The Court also held that the ID reasonably concluded the PLA is an internal organ of the PLO, reasonably relied on the applicant's prior admissions of membership, and reasonably rejected the defense of necessity as the applicant failed to demonstrate he lacked alternative employment options or faced imminent peril.
The application was dismissed.
