Court accepts petition by immigrant in fraudulent job letter case

The Canadian court has accepted the petition by the immigrant for judicial review in the fraudulent job letter case. (Dimgba v. Canada (Citizenship and Immigration), 2018 FC 14).

The Visa Officer had rejected the Canada PR application of the immigrant applicant. This was under the Federal Skilled Worker Program. It was on the ground that the employer of the applicant was not authentic.

The immigrant applicant was accused by the Visa Officer of offering the fraudulent job letter. He was also not assured that the employer was genuine. A procedural fairness letter was offered to the applicant. It expressed concerns regarding the authenticity of the employer.

The applicant replied and addressed the concerns of the Visa Officer by offering extra details. The Visa Officer was not content with the response. Thus, the applicant was declared to be inadmissible to Canada for 5 years, as quoted by the CIC News.

The Visa Officer claimed that measures were taken to confirm the authenticity of the employer. However, there is no proof to substantiate the steps that were taken.

The simplicity of the website of the company was the cause of dissatisfaction of the Visa Officer. The fact that the phone number of the applicant was present on the letterhead of the company was another reason. The Visa Officer also had contact details of the majority shareholder of the company and the Managing Director.

The Court held that the concerns of the Visa Officer would have been clarified if he had contacted the management of the company. The simplicity of the website is irrelevant, added the Court. It should not influence the petition for Canada PR, observed the Court.

The conduct of the Visa Officer was regarded to be unfair procedurally by the Court. It thus granted the petition for judicial review to the applicant.

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