Mijares v. Canada (Citizenship and Immigration), 2023 FC 281 : Provincial Nominee PR Refusal Set Aside Where Officer Failed to Consider Submitted Documents

The Federal Court reviewed the refusal of Vanessa Mijares’s Provincial Nominee PR application for allegedly failing to provide requested documents concerning a supposed spouse. The Court granted judicial review because the record showed that documents had been submitted, yet they were missing from the certified record and were not addressed by the officer.

Key Principle

Procedural fairness requires an immigration officer to decide an application on the basis of the evidence actually submitted and to clearly communicate unresolved concerns. Where documents acknowledged as received by IRCC are missing from the record, and an applicant is genuinely confused about requests concerning a relationship that has ended, fairness may require a further opportunity to respond before refusal.

Background

The applicant obtained provincial nomination and had her PR application approved in 2019. At landing, she disclosed a relationship and plans to marry, resulting in cancellation of her Confirmation of PR and an exclusion order for alleged misrepresentation. After judicial review proceedings, the PR application was returned for redetermination. Her relationship later ended.

Court Findings

• Officer Incorrectly Found That No Documents Were Submitted

The officer stated that the applicant had failed to provide requested documents. However, IRCC had confirmed receipt of four attachments submitted through a Web Form. Some of these documents were missing from the certified tribunal record and were not mentioned in the refusal reasons.

• Decision May Have Been Made on an Incomplete Record

The Court rejected the suggestion that the applicant merely asserted that documents had been provided. The documentary record supported her account, raising serious concern that the officer decided the application without all of the evidence she had submitted.

• Applicant Was Genuinely Confused About the Spousal Document Request

The applicant’s relationship had ended and she considered herself single. Acting without legal assistance, she believed that she did not need to complete forms, medical examinations, or police certificates relating to a spouse she no longer had.

• Updated Family Information Supported Her Understanding

On redetermination, the applicant identified herself as single and marked the common-law declaration as not applicable. The officer did not seek clarification or confront her with any continuing concern about the former relationship before refusing the application for missing spousal documents.

• Procedural Fairness Required a Clear Opportunity to Respond

Given the history of the case, the applicant’s prior approved PR application, the consequences at stake, and the ambiguity surrounding the document request, the Court found that any remaining concerns about the former relationship should have been clearly put to her before refusal.

Outcome

The Federal Court granted judicial review and remitted the PR application to a different decision-maker for redetermination. No question was certified.

Case Citation:

Mijares v. Canada (Citizenship and Immigration), 2023 FC 281 (CanLII)