the CanadaVisa Team - 17 August, 2015
A citizen of India, D.C. Patel, has been awarded DAV $3,000 by a Canadian federal court — and given a second chance to submit an application for Canadian immigration — over “a failed email communication” on the part of Citizenship and Immigration Canada (CIC).
The court found there had been “a breach of procedural fairness” in rejecting Mr Patel’s application because he hadn’t responded to an email that Mr Patel claimed he had never received.
Patel had applied for Canadian permanent resident status in June, 2010 as a computer and information systems manager. His application was refused in February, 2014 because he had allegedly “not supplied any of the documents allegedly requested on August 20, 2013.” However, CIC was unable to produce a copy of it in the government’s “certified tribunal record” (CTR). Therefore, the department could not prove that the email communication was ever sent to the applicant.
The judge in the case stated that the responsibility of a failed communication shifts to the applicant only if officials can show an email was sent.
“The respondent has not even supplied a copy of the alleged email, and Mr. Goel’s [a program assistant at the High Commission of Canada in New Delhi] affidavit does not include a printout of his sent box which could confirm that any email was sent to the correct address,” wrote Justice M. Boswell in his judgment.
“The respondent cannot simply rely on electronic notes to prove that a document has been sent to the correct address. Since the respondent has not proven that the email was sent, it is a breach of procedural fairness.”
Mr. Patel may now proceed with his application for Canadian immigration. The court decision cannot be appealed because the judge did not certify any question.
