Last Updated on January 24, 2019
The Federal Court of Canada has granted a second chance for an applicant following a “failed email communication” on the part of Immigration Canada.
In 2014, Dharmendrakumar Chandrakantbhai Patel’s immigration application was rejected on the grounds that he “had not supplied any of the documents allegedly requested on August 20, 2013”.
The court accepted evidence that there had been “a breach of procedural fairness” in turning down Patel’s application because he hadn’t responded to an email he never received.
The court awarded Patel $3,000, observing that “Email could be efficient and fast in sending information, but…”Over-reliance on technology can be dangerous…one party should be held accountable for the lost email”.
Patel had applied for immigration to Canada in June 2010 as a computer and information systems manager.
In February 2014, immigration officials refused the application on the grounds that he had not supplied any of the documents allegedly requested.
A program assistant at the High Commission of Canada in New Delhi claimed to have sent the emailed request for updated application forms and police clearances. However, Patel said neither he nor his lawyer ever received the email.
The Canadian immigration department was unable to produce a copy of the email when asked by the court.
This emphasizes the importance of hiring legal counsel when applying for admission to Canada, in the current restrictive landscape in Canada.
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