Digests

Citizenship and Immigration

Immigration Practice

Consolidated judicial review of visa officer’s decisions refusing applications for permanent resident visas because of failure by each applicant to provide requested information—All applicants represented by one immigration consultant—Visa officer sending e-mails concerning each applicant to consultant, requesting additional documents—Visa section receiving several delivery status notifications (DSN) stating messages successfully relayed but DSN may not be generated by destination—Consultant asserting no e-mail requests received—Issues: (1) whether applicants provided with notice to update submissions; (2) which party bearing risk of failed e-mail communications—Consultant diligent in maintaining e-mail system—DSN confirming e-mails sent, not that they were received—Applicants therefore not provided with notice to update submissions—Regarding second issue, where visa officer not proving notice sent, respondent bearing risk—Where visa officer proving notice sent but missed due to applicant’s error, applicant bearing risk—No evidence applicants at fault herein—Respondent having obligation to take care in sending critical communications through e-mail in visa application process—Maintaining legislative objectives in adopting e-mail communications requiring measures that build safeguards into visa application process for dealing with e-mail failures in crucial communications—Citizenship and Immigration Canada protocol on e-mail communications not providing such measures—In choosing to send important email without safeguards in place, respondent bearing risk—Application allowed.

Yazdani v. Canada (Citizenship and Immigration) (IMM-260-10, IMM-261-10, IMM-262-10, IMM-318-10, IMM-319-10, IMM-321-10, 2010 FC 885, Mandamin J., judgment dated September 9, 2010, 22 pp.)