2015-02-18 | 2015 FC 206 | IMM-446-14

Asoyan v Canada (Citizenship and Immigration)

Principle Established

Once an applicant indicates that she is having trouble receiving e-mails from CIC, it is CIC’s duty to ensure that the applicant receives all subsequent e-mails.

Facts

Asoyan applied for judicial review of CIC’s decision to reject her application for permanent residency.

During her application, Asoyan provided CIC with an e-mail address to be used for all communications regarding her application.

In February 2013, CIC sent Asoyan an e-mail requiring that she provide information concerning a gap in her personal history as stated in her application. Asoyan contended that she did not receive this e-mail. CIC never followed up to ensure that Asoyan received the information request.  CIC was already aware of Asoyan’s difficulty receiving e-mails, as Asoyan had previously brought it to CIC’s attention that she never received an Acknowledgement of Receipt e-mail concerning her initial application.

Assoyan’s application was eventually rejected due to her failure to provide the information requested in the February e-mail.

Decision

The Federal Court opined that once the Asoyan had made it clear that she was not receiving CIC’s e-mails, it was CIC’s responsibility to ensure that she received all information relevant to her application. Thus, in not making any effort to ensure that Asoyan received the information request in February 2013, CIC had breached its duty of procedural fairness.  The application for judicial review was allowed.