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©Gregory James, July 2006 The simplest reason why you should consider hiring qualified counsel to assist you is that Canada's immigration authorities have very high expectations of applicants, and these expectations are sometimes very unpredictable. If you fail to meet those expectations, your application can be rejected with no second chance to clarify the situation. Competent experienced counsel can anticipate those demands and present the information necessary to be successful. Consider the following quotes from our Federal Court, setting out the expectations immigration authorities have for applicants: It is well established that it is the responsibility of a visa applicant to put before the officer all the material necessary for a favourable decision to be made. Hence, visa officers are under no general legal duty to ask for clarification or for additional information before rejecting a visa application on the ground that the material submitted was insufficient to satisfy the officer that the applicant had met the relevant selection criteria. Madan v. Canada (Minister of Citizenship and Immigration) With regard to the alleged breach of the duty to act fairly, it is important to note that the visa officer had no positive obligation to provide the applicant with an opportunity to address any concerns the visa officer may have in considering an application. The onus to demonstrate that an application meets requirements for a visa lies with the applicant…. In my opinion, in this case there was no obligation for the visa officer to convoke an interview …. The visa officer did not breach any duty of fairness by not providing an interview. 2004 FC 64: Nehme v. Canada (Minister of Citizenship and Immigration) But the [applicant] is presumed to be aware of the rules and legislation governing applications which he submits. The legislation is publicly available and the onus is on the individual applicant to ensure that they comply with the legislative requirements and are aware of the consequences of their choices. No one misled the [applicant] at the material time or prevented him from seeking advice about the implications of his choices. There was no procedural unfairness and the [immigration department] was under no obligation to advise the [applicant] about future consequences. 2003 FC 1482: Jankovic v. Canada (Minister of Citizenship and Immigration) There is a presumption that the applicant knows the rules and the law. There is also a presumption that the applicant knows what proof needs to be filed in support of the application. Applicants often come to see us after their application has been refused. Very often, the reason for the refusal is that the applicant did not provide adequate corroborating proof. In the absence of adequate proof, the immigration authorities will often refuse an application without giving the applicant a chance to correct the problem. Good counsel know the rules and the law, what proof is required to satisfy the immigration or visa officer, and how to present it in a persuasive manner. Good counsel does much more than just prepare forms: Good counsel also identifies, collects and submits proof, and provides written submissions explaining why the case should be successful, together with the application itself. Good counsel also helps the applicant prepare for questions he or she might be asked at an interview or a hearing, so the client can respond effectively. No one wants to leave an interview regretting that they were inarticulate or unprepared. Good counsel will tell you how long an application should take, and will follow up if it takes longer. Good counsel will keep you informed at all times of what actions are taking place on your case. Hiring good counsel can make the difference between success and failure, and can give you the piece of mind and confidence which comes from the knowledge that you are being well taken care of. We recommend that you hire quality counsel for all but the simplest of applications. Good counsel takes pride in their ability to present a case in an effective manner that will be most persuasive to the immigration or visa officer. Good counsel strives to make it easy for the officer to say yes - as quickly as possible and without complications.
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