How many times in our daily lives have we been misunderstood or our words or actions taken differently than we intended? In the same way, Immigration officials are just people like the rest of the world and they can see things differently than what you intended on your application. Why leave things open to misinterpretation? Why not provide all the relevant and crucial information the first time so that there is no possibility of confusion?
A recent Federal Court decision (Rong v. The Minister of Citizenship and Immigration 2013 FC364 (published on April 11th, 2013)) determined that the immigration officer had a “closed mind” for the application she was evaluating. The officer had further questions regarding the applicant’s employment and so she called the employer. She was connected to a newly hired employee who gave some incorrect information to the officer. The discrepancies between the original application and the information from the employee on the phone prompted the officer to ask for more information from the applicant. However, when that applicant provided documents that contradicted the employee on the phone, the officer did not believe the applicant, despite the documentary evidence provided. This case, which the applicant eventually won the right to have their case re-examined, was a twisted, convoluted, time consuming, and no doubt costly fight that is not over yet.
Could you prevent the above situation from occurring in the first place? Although you cannot control what an immigration officer may or may not do, it is possible to reduce the chance of misunderstanding by submitting strong documentary evidence with your application to avoid the above situation in the first place. It’s much easier to do it right the first time.
If you are feeling overwhelmed with your application process or don’t know the best way to proceed, please contact our office for a consultation.
If you have any individual questions or concerns, please contact our office for more customized consultation for your unique situation. Please note that this posting is for general information only and is not to be considered binding or official legal counsel since situations will vary and can be complicated. The content in this post is current as of the day of entry. Due to the changing nature of Immigration law, the information in this entry may or may not still be applicable.