In the recent decision of Hammad v. Canada (Citizenship and
Immigration), 2018 FC 459, the Federal
Court found that it can be procedurally unfair for an Immigration
Officer to find a document fraudulent without first giving the
Applicant an opportunity to address the Officer's concerns
about the document.
In this case, the documents in question were lease agreements.
The Applicant, who was working as a Property Manager, had applied
for permanent residence in Canada under the Federal Skilled Worker
program. Concerned with the documentation that she initially
provided, a government branch called the Risk Assessment Unit (RAU)
visited the property that she had managed in Pakistan, questioned
company employees, and prepared a report alleging misrepresentation
as to her employment. Although the Applicant responded to the
concerns raised by this report with additional documents confirming
her employment, including signed lease agreements, the Immigration
Officer
