In June 2025, a client contacted our office after her Parents and Grandparents sponsorship application had been rejected. She had been invited under the Parents and Grandparents Program to sponsor her parents for permanent residence in Canada and had retained an authorized paid representative to represent her and her parents in this application.
During the processing of the application, the immigration officer requested additional documents from the representative, including a resume for the sponsor’s father, who was listed as a dependent family member in the permanent residence application. Although the representative later claimed that the resume had been prepared, it was never properly delivered to the officer. According to the representative, this was due to a technical issue with email transmission.
As a result of the missing document, the immigration officer rejected and returned the sponsorship and permanent residence applications.
At that stage, Dr. Siavashpour took over conduct of the file at Heron Law Offices.
Challenging a Decision Based on Incompetent Representation
A negative immigration decision can sometimes be challenged before the Federal Court of Canada if it was caused by incompetent or negligent representation. However, the law applies a strict test, and not every mistake by a representative qualifies.
The Federal Court has confirmed that allegations of ineffective assistance by an authorized representative must meet a three-part test.
First, the former representative must be given notice of the allegations and a reasonable opportunity to respond.
Second, the applicant must demonstrate that the representative’s conduct fell below the standard of competence expected of those authorized professionals. This can include failures such as not submitting requested documents, not communicating effectively with immigration authorities, or not properly supervising staff working on a client’s file.
Third, the applicant must show that the representative’s incompetence caused real harm. In other words, the refusal must be directly linked to the representative’s mistake. If the application would likely have been refused anyway, the test is not met.
Meeting this test requires careful legal analysis and proper presentation of evidence. Not every error or strategic decision by a representative will qualify as incompetence.
Why Authorized Representation Matters
An important and often misunderstood point is that this type of legal protection applies only when the applicant was represented by an authorized paid representative. Lawyers, licensed immigration consultants, and regulated paralegals in Canada are all subject to professional codes of conduct.
If an application was handled by an unauthorized individual, such as a ghost consultant, travel agency, or an overseas agent who is not authorized under Canadian law, a refusal generally cannot be challenged on the basis of incompetent representation, even if that person caused the problem.
We regularly receive inquiries from individuals who were refused for reasons such as misrepresentation after following incorrect advice from unauthorized agents. Unfortunately, in many of those cases, the law does not provide a remedy through the Federal Court.
Timing Is Critical
Time limits are extremely strict. In most cases, an applicant has only 15 days to start a court challenge if the application was made from within Canada, or 60 days if it was made from outside Canada. Missing these deadlines usually means losing the right to challenge the decision altogether.
For this reason, anyone who believes their refusal resulted from a representative’s mistake should seek legal advice as soon as possible.
Outcome of This Case
In this matter, we carefully followed all required steps, complied with the applicable protocol, and presented clear and well-supported arguments. As a result, the government agreed to resolve the case before a full court hearing.
The application will be sent back to immigration authorities for reconsideration by a different officer, giving the family a new opportunity to provide the requested documents and have their case fairly reassessed. This outcome is often the best possible result, as it avoids lengthy court proceedings while achieving the same practical effect.
Our client has kindly left us a positive review for this experience, thank you!
If your immigration application was refused due to mistakes or negligence by an authorized representative, we may be able to help assess whether a legal challenge is available. Contact Heron Law Offices to discuss your situation and timelines.
