With great power comes great responsibility: Immigration Officers
Have you ever wondered who is responsible for making a decision on your immigration application? These individuals are called officers, and in today's blog post, we are going to discuss the great power and responsibility that arise from being an immigration officer.
Immigration officers are employed by the Canadian government and are responsible for the delivery of immigration programs. Each officer will work on a number of applications and decide whether to allow or refuse it. Sometimes, an officer will request additional information in order to make a well-informed decision. They are not lawyers or judges, but public servants that come from a variety of backgrounds and experience. But in all cases, the officer must make fair decisions and follow the law by:
following the rules and regulations under immigration legislation
following the Canadian Charter of Rights and Freedoms
following the principles of natural justice which include respecting an applicant's right to be heard and given an opportunity to respond, to make an impartial decision, and to explain any reasons for refusal
making a reasonable decision that is justified, intelligible and transparent
As you can see, immigration officers hold a lot of power - but also a great responsibility. This can make it difficult for an officer to ensure they make the right decision. The job of an immigration officer is further complicated by:
their heavy caseloads
the little time they have to dedicate to each application
navigating multiple operational instructions when making their decision
artificial intelligence which can make it more difficult to ensure a fair decision is being made
Furthermore, within the laws and regulations, an officer has a lot of discretion when making a decision. For example, they must decide whether to accept evidence provided by an applicant, or decide how much weight to give a particular factor weighing in favour of an applicant. In cases where applicants make errors, they must decide whether such an error constitutes a misrepresentation or to forgive it as a minor. Officers must learn the conditions of the country where an applicant is applying from and how those conditions impact their eligibility and admissibility. They must also review all the information in front of them before making a decision.
The decisions of officers may face further scrutiny well after they make a decision. For example, if an applicant decides to appeal a decision or have it reviewed by the Federal Court, lawyers, judges and consultants may carefully assess why and how an officer came to a decision.
Because the power and responsibility of officers are great, safeguards and protections are essential to ensure that decisions made by officers are law-abiding. Canada This is to ensure that nobody exercises power above the law and that no person is treated less than what the law affords them. What differentiates Canada from many other countries is that we have a system to challenge unlawful decisions, though this system is not always fair...and that is for another blog post.
No person is perfect and we are all prone to mistakes, including immigration officers. It would be wrong to assume that every decision made by an officer is a fair and correct one. If you are an applicant and you have faced a refusal, it is very important that you pause, review the refusal, and figure out whether there are any errors in your decision. An immigration lawyer and consultant can help you to do this. Contact Alemyehu Law today to review your decision.
