Trinidad v. Canada (Citizenship and Immigration) 2023 FC 65
In the intricate world of immigration, every applicant’s journey is unique, often shaped by personal circumstances and challenges. Today, we explore the story of Ms. Susana Dela Trinidad, a Filipino citizen on a quest for a new life in Canada. Her narrative illuminates the importance of employing a regulated Canadian immigration consultant and inadequate review of IRCC officer.
Ms. Susana Dela Trinidad’s Journey
Ms. Susana Dela Trinidad is a 52-year-old citizen of the Philippines and a single mother to her 12-year-old son Joss, a Philippine national living in his home country. Ms. Susana Dela Trinidad’s experience is not an isolated incident, but it represents countless individuals seeking a brighter future in Canada. Her journey commenced in 2008 when she left the Philippines to pursue work opportunities in Dubai. She became pregnant by a man and faced numerous challenges, with one of the most significant being a relationship with a man who concealed his marital status.
In 2013, Ms. Dela Trinidad embarked on a new chapter as a Temporary Foreign Worker in Canada. Her initial position was at a Second Cup in Calgary, but her path took a significant turn in 2015 when she relocated to Toronto to provide caregiving services for an elderly individual in the Troiano family. Unfortunately, she lost her legal status in 2016 due to the negligence of her immigration consultant. Ms. Dela Trinidad’s immigration consultant mishandled her case, ultimately resulting in the loss of her legal status in 2016, jeopardizing her immigration goals and almost resulted in her deportation.
Ms. Dela Trinidad alleged that after losing her status, her employer exploited her, leading to mental health issues. With the help of the Canadian Human Trafficking Hotline, she escaped this abusive situation and found new employment. She applied for permanent residence in Canada on humanitarian and compassionate grounds (H&C application), but her application was refused by Immigration, Refugees and Citizenship Canada.
The standard of review applied is reasonableness, as per the Vavilov decision. The analysis found that the Officer failed to adequately engage with the evidence concerning the negligence of the immigration consultant and unreasonably dealt with Ms. Dela Trinidad’s immigration history. The Officer’s decision was considered unreasonable because they did not properly consider the consultant’s negligence as a cause for her loss of status, and they failed to assess the circumstances of her non-compliance with immigration law. A comment was made on the issue of potential human trafficking, which the Officer did not adequately address in the initial decision. Ultimately, the court allowed the application for judicial review and referred the matter back for redetermination by a different decision-maker.
The Importance of Using a Regulated Canadian Immigration Consultant
Ms. Dela Trinidad’s story serves as a cautionary tale, highlighting the dangers associated with hiring an incompetent immigration consultant. An incompetent consultant may lead to higher legal fees and additional expenses to rectify their mistakes. Also, dealing with the consequences of an incompetent consultant’s errors can be emotionally distressing.
While the decision on an immigration file is up to an IRCC Officer, it is our duty to put forward a complete application with supporting documentation to satisfy an officer of our clients’ eligibility and compliance with IRCC regulations. Ms. Dela Trinidad’s experience underscores the pivotal role of a regulated Canadian immigration consultant (RCIC).
There are numerous compelling reasons to consider working with an RCIC when pursuing immigration to Canada. RCICs are well-trained, possess in-depth knowledge of immigration laws, policies, and procedures, and are equipped to assist individuals through the immigration process. We undergo rigorous training and adhere to a professional code of conduct. We maintain up-to-date knowledge of immigration laws and policies, and we are held accountable by the College of Immigration & Citizenship Canada (CICC), ensuring we provide accurate information, follow ethical guidelines, and act in the clients’ best interests.
To ensure you’re working with a legitimate RCIC, you must verify their credentials on the CICC’s public registry. This registry provides a comprehensive list of authorized consultants, allowing you to confirm the status of your chosen consultant.
Here’s the link to the CICC’s public registry: Public Registry
Choose Wisely, Choose an RCIC
Hiring an RCIC safeguards you against potential legal issues. We navigate the complexities of the immigration system on your behalf, reducing the risk of costly mistakes. As immigration processes can be stressful and time-consuming, having an RCIC by your side provides peace of mind, knowing a qualified professional is managing your case.
In the pursuit of your Canadian immigration dreams, your choice of an immigration consultant can make all the difference. Ms. Susana Dela Trinidad’s journey serves as a poignant reminder of the significance of working with a regulated Canadian immigration consultant ensure you’re in capable hands.
For all your Canadian immigration needs, we are here to help. Book a consult today with Al Dar Immigration Services.
Phone #: +1 807-356-1731
Read more at CanLII https://www.canlii.org/en/ca/fct/doc/2023/2023fc65/2023fc65.html?searchUrlHash=AAAAAQBFVHJpbmlkYWQgdi4gQ2FuYWRhIChDaXRpemVuc2hpcCBhbmQgSW1taWdyYXRpb24pLCAyMDIzIEZDIDY1IChDYW5MSUkpAAAAAAE&resultIndex=1