Just because your immigration application was rejected or refused dos not mean your immigration consultant or lawyer was negligent. Each case is different and it’s hard to tell if your immigration lawyer or consultant, you must look at whether the mistakes led directly to negatively affect the client’s immigration application. Professionals failing to meet the expected standard of care may cause application denials, missed deadlines, or the loss of rights and opportunities for their cleints.
Key examples include:
- The application was rejected because an important application deadline or document was missed.
- Some legal advice was inaccurate or incomplete. This resulted in an application being refused.
- Submitting to the IRCC incomplete or inaccurate documents.
- The client was not informed of several important developments in their case. This failure to update the client was meaningful, like when the IRCC requested further documents.
If professionals seriously fall short, clients can usually complain to the regulator or sue for damages.
Not every time an issue come up is it negligence. There are significant immigration challenges for everyone who navigates Canada’s immigration system and not all are cases in negligence. Canada’s immigration system's many complex legal and procedural issues are often the root cause of several problems and not always professional misconduct.
The key distinctions are as follows:
- A client’s failure to meet the strict requirements for a visa, permanent residency, or other immigration status leads to ineligibility to immigrate.
- Immigration law and policy changes often, sometimes with retroactive effect, and it can effect application eligibility and processing of the applications.
- Many factors beyond the control of immigration consultants or lawyers can lead to visa application denials, including a criminal history, insufficient documentation or misrepresentations.
- Some applications may experience processing delays from immigration authorities due to delays at the IRCC.
- Exceptionally large demand at the IRCC or internal administrative issues could cause delays in these applications.
The important differences are:
- Immigration negligence results from consultants' or lawyers' actions or inactions, which directly affect the outcome of the application
- Negligence errors are the responsibility of consultants and lawyers. There can be issues outside of their control caused by the IRCC or the applicants
- Clients can sue if they want to get compensation, orivded the court makes a finding of negligence. This cannot resolve a person’ immigration status which can only be done by reapplying, appealing, or exploring other immigration options.
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