Federal Court


Administrative Law

DUTY TO ACT FAIRLY
Officer failed to put credibility concerns to applicant

Applicant holds Master’s Degree in civil engineering and listed occupation as construction manager found by immigration officer “not eligible for processing in this category”. Officer found that fact that duties described by employment letter either copied or closely paraphrased from occupational descriptions of National Occupation Classification diminished overall credibility of employment letter and dismissed applicant’s permanent residence application. Application for judicial review granted. Where application provides evidence sufficient to establish they meet requirements of Immigration and Refugee Protection Act (Can.), or Immigration and Refugee Protection Regulations (Can.), and officer doubts credibility, accuracy or genuine nature of information provided, and wishes to deny application based on those concerns, duty of fairness invoked. Officer denied applicant fairness by failing to put credibility concerns to applicant.

Madadi v. Canada (Minister of Citizenship and Immigration) (Jun. 27, 2013, F.C., Russel W. Zinn J., File No. IMM-7043-12) 229 A.C.W.S. (3d) 1145.

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