Federal Court


Egregious conduct by immigration consultant led to breach of fairness

Applicant came to Canada as farm worker on temporary foreign worker program. Applicant returned to country of origin. Applicant returned to Canada on visa and overstayed visa. Immigration consultant indicated immigration consultant was lawyer and had applicant sign blank forms. Immigration consultant called applicant once only to advise about requirements of pre-removal risk assessment application (“PRRA”). Immigration consultant told applicant it was not necessary to obtain supporting documents. Immigration consultant never showed applicant completed copy of PRRA. Applicant received negative PRRA. Officer determined applicant provided insufficient evidence to establish risk asserted. Officer found it unreasonable for applicant not to make refugee claim while applicant was on valid work permit. Officer found it unreasonable for applicant not to have submitted any supporting documentation. Application for judicial review was allowed. Facts of case presented egregious conduct by immigration consultant that led to breach of procedural fairness. Immigration consultant lacked any degree of professionalism and competence when it came to preparing applicant’s PRRA. PRRA package submitted by immigration consultant was woefully inadequate. Not to allow applicant fair chance to have case assessed would be offensive to Canadian values.

Brown v. Canada (Minister of Citizenship and Immigration) (Nov. 8, 2012, F.C., James Russell J., File No. IMM-3364-12) 224 A.C.W.S. (3d) 427.

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