2 total
Judicial review granted due to a breach of procedural fairness regarding credibility concerns.
The applicant sought judicial review of a decision refusing his work permit application.
The officer doubted the credibility of a reference letter from Italy because the employer shared the same surname as the Canadian employer, but did not give the applicant an opportunity to address this concern.
The Federal Court held this was a breach of procedural fairness and allowed the admission of new evidence showing the surname is common.
The application for judicial review was granted.
Judicial review dismissed; applicant inadmissible for five years for innocent misrepresentation caused by fraudulent consultant.
The applicant applied for judicial review of a decision finding her inadmissible for five years due to misrepresentation.
The applicant's immigration consultant had defrauded her, provided her with a fraudulent passport request letter, and blocked her access to the online portal, leading to her missing a procedural fairness letter.
The Court found no breach of procedural fairness and held the decision was reasonable, noting that applicants bear the burden of ensuring truthful applications, even when relying on a consultant.
