Don’t Let Me Be Misunderstood

by Les Morley|February 28, 2013| Immigration, Misrepresentation, Skilled Worker,

YUE LI ZHOA wanted to live in Canada, and so she applied for permanent residency as a Federal Skilled Worker.  She filed evidence that she was qualified to do so under the category of “Financial Manager”.  Her application was refused by Citizenship and Immigration Canada, however, because she failed to include with it an adequate chronological work history, and because experience unrelated to the position of Financial Manager was presented as being related to that position.

Ms. Zhoa admitted that she made a mistake, but felt that dismissal of the application altogether was inappropriate, so she asked the Federal Court to have a look at her case.  Mr. Justice Shore refused her application, in his words: “due to inherently apparent significant credibility concerns and a lack of evidence to support the Applicant’s eligibility for the position of Financial Manager”.  He cited the law to the effect that the onus was on Ms. Zhoa to establish that she met the criteria of the Federal Skilled Worker Class, and stated that the Visa Officer that refused her application had “no duty to question subsequently when an application is ambiguous and appears, on the face of the record itself, to miss adequate supporting documents”.

The Court noted that Ms. Zhoa had a duty, however, and that she failed to discharge it.  The Canadian immigration authorities rely on full and accurate disclosure by applicants like Ms. Zhoa, Justice Shore stated, “to ensure that their respective decisions reflect the health, family, security, social, economic and cultural fabric which Canada has set for itself through objectives as set out in legislative provisions”.  He concluded that Ms. Zhoa failed to maintain “the duty of candour” which is “of paramount essence” to the administration of those provisions, and dismissed her application.

Clearly Ms. Zhoa should have ensured that the materials she filed with her application were complete and accurate.  She should have been absolutely straight with the immigration authorities, and ensured there were no ambiguities in her application and accompanying documentary presentation to them.  Perhaps the 1960s rock group The Animals expressed it best when they sang:  “I’m just a soul whose intentions are good; oh Lord, please don’t let me be misunderstood”.  Unfortunately for her, that is a tune that may be haunting Ms. Zhoa for some time to come.

To read this case, the citation for which is Yue Li Zhao v. Canada (Minister of Citizenship and Immigration) 2012 FC 1421, click here.

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