Author: Parminder Singh, LL.B (Canada)
If an immigration consultant or an immigration lawyer gives you guarantee that your Canada Immigration Visa will not be refused, he is lying. Find out Why ?
Since its the Canada immigration officer who is making a visa decision, only the immigration officer knows whether a refused visa decision is forthcoming. Had the immigration consultant or the immigration lawyer been making your visa decision, he would have been speaking the truth.
Since the immigration consultant is only applying for your visa, he can simply say “I don’t know whether a refused visa decision will be rendered in your case, but I do know that I have applied your visa as per all the requirements of the immigration laws”.
An immigration consultant can give you guarantees of his work, but not of its results.
Guarantees by reference to connection in the Embassy
Its contrary to the rules of professional conduct to mention to the clients that an immigration consultant’s case is guaranteed because he has connections in the Embassy. Such consultants are either committing frauds on you or they are doing illegal and unprofessional practise. There is a penalty for such conduct.
Guarantees by reference to past success rate
Sometimes rather than giving guarantees, the immigration consultancies tend to mention past visa success rate, suggesting visa success in the future. Suffice to say that the past success is not an indicator of future success because the future decision makers and the immigration consultants can be negligent and less hard working than the past ones. Often we have seen a bright student at secondary level performing worse at the university level and vice versa due to sickness or other personal reasons. The success in future will only depend on effort. If the effort in the past and the future is same, the success rate will be same, but this is not possible due to unpredictable circumstances in the future.
I am not saying an immigration consultant cannot mention past success rate to his clients. Of course he can mention it, provided he also mentions that the past success is not a guarantee of success in the future.
Guarantees for a perfect visa application ?
Can it be said that since the immigration consultant applied for your visa according to all the requirements of the law, the Canada immigration officer will not deliver a refused visa decision ? I don’t think he can give you guarantees of the results of an otherwise complete and perfect application because even a complete visa application can get rejected if an immigration officer makes a mistake. It is not unusual that immigration officers make mistakes because the immigration law is complex and its not always possible to grasp the spirit of law for a non lawyer like an immigration officer.
A doctor’s analogy strikes similar to immigration consultant or lawyer in that a doctor never guarantees the results of his treatment. He in fact gets your signed “waiver of claim” before treating you. The doctor can give you guarantees of his work that he has given you medicine according to his study, education and experience, but he cannot guarantee that the medicine will cure you. In this way, if the doctor-negligently or carelessly- gives you a medicine that is not related to your disease, he has breached his guarantee of work and he is thus liable for his negligence and malpractice.
Liability for Guarantees
Similarly, an immigration consultant, who files your application or appeal for refused visa negligently, is liable for negligence and malpractice. An immigration consultant can make many unacceptable mistakes in the following scenarios: he files your application to a wrong visa office address or files your refused visa appeal to a wrong tribunal, resulting in delay in your case; an immigration consultant gives you a negligent advice without doing reasonable research on immigration rules and regulations; an immigration consultant gives you guarantees of the results of an immigration application. In all these examples, the immigration consultant is liable for damages, untruthfulness and negligence.
Opinion versus Guarantee
An immigration consultant may however give you his opinion on your case whether it is a strong or a weak case, but he cannot guarantee that a case will be successful even when the case is extremely strong because an immigration officer can still render a refused visa decision by committing an honest or negligent error of law or fact.
If the immigration officer made an honest error in good faith, he is not liable, but if he made a negligent error, he is liable to you for damages.
Appeals for refused Visa
As a client you should not ask for guarantees, rather you should ask for an opinion on the strengths and weaknesses of your case. If you think your visa was refused unfairly or by some legal error, you should seek judicial review of the court. All refused visa cases can be appealed in the Federal Court of Canada.
Choose an immigration consultancy based on Outstanding Qualifications, not based on Bold Guarantees: Professionals who can give you correct ADVICE AND OPINION rather than UNTRUTHFUL GUARANTEES.
At Sigh & Associates-Lawyers, we provide complete and professional assistance for all types of visa applications and refused visa appeals. Contact us for an opinion or assessment of your case.