Canada Immigration Caselaw, Gennai v. Canada, IMMIGRATION — Selection and admission — Permanent residence applications

Benit Varghese Canada Immigration, Caselaws, Permanent residence applications, Selection and admission 0 Comments

Judgement of this Case Click Here!

IMMIGRATION — Selection and admission — Permanent residence applications — In October 2014, applicant applied for permanent residence in Canada under Canadian Experience Class (CEC) program — His application was returned with cover letter dated January 8, 2015 because it did not comply with completion requirements in that payment of application fees by Visa was declined — On February 10, 2010, application was resubmitted and fees were paid by international money order — Application was declined on basis that, as of December 1, 2014, Minister of Citizenship and Immigration had issued instructions requiring all CEC applications to be made through specific online system — Applicant was advised that since his application had been received after January 1, 2015, it was necessary to resubmit application for processing through online system — Applicant applied for judicial review — Application for judicial review dismissed — Doctrine of legitimate expectations related only to procedural rights, not to particular result — There was no breach of procedural fairness resulting from fact that applicant did not get notice, prior to letter of January 8, 2015, that processing fees had not been paid — Fact that originally submitted application was not accompanied by required fees meant that application was incomplete — Applicant had no vested right and no legitimate expectation that system for processing applications for permanent residence in CEC program would not change

Gennai v. Canada (Minister of Citizenship and Immigration) (May 2, 2016, E. Heneghan J., Federal Court) 266 A.C.W.S. (3d) 718

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