Negligence by a Regulated Canadian Immigration Consultant (RCIC)

[Aufbohn]

Hi all - As a background, I've been looking to move to Canada through Federal Skilled Workers express entry route and had enlisted the services of a well known RCIC based in Canada. At the time of enlisting his services, my CRS score was above the cutoff, which I had explained in my initial brief. However, he incorrectly submitted my profile on the portal, which resulted in my failing to get ITAs. Recently, the cutoff has been above my CRS and it seems unlikely that I will get an invite in the near future.

Prima facie, its a case of negligence on the part of the RCIC service provider for which I am directly impacted. What are my legal options - can I appeal to Immigration minister / IRCC since it is apparent from record that I missed the cutoff due to his error? Will they be able to make an exception and give a one off ITA?

Also, can I litigate for damages? Who should I approach? Any case laws, judgments in this regard will be appreciated.

AB

 

[k.h.p.]

Your only option is to complain about the RCIC. You will not be offered the consolation prize of immigration.

A client has an obligation to ensure that what the consultant is submitting is accurate. This is why clients are held responsible for misrepresentation made by consultants.

 

[scylla]

Hi all - As a background, I've been looking to move to Canada through Federal Skilled Workers express entry route and had enlisted the services of a well known RCIC based in Canada. At the time of enlisting his services, my CRS score was above the cutoff, which I had explained in my initial brief. However, he incorrectly submitted my profile on the portal, which resulted in my failing to get ITAs. Recently, the cutoff has been above my CRS and it seems unlikely that I will get an invite in the near future.

Prima facie, its a case of negligence on the part of the RCIC service provider for which I am directly impacted. What are my legal options - can I appeal to Immigration minister / IRCC since it is apparent from record that I missed the cutoff due to his error? Will they be able to make an exception and give a one off ITA?

Also, can I litigate for damages? Who should I approach? Any case laws, judgments in this regard will be appreciated.

AB

You can go after the immigration consultant in two ways. One is to report the consultant and potentially get their license revoked. Details below:

https://iccrc-crcic.ca/complaints-professional-conduct/file-a-complaint/#File-a-Complaint

The other way would be through a court for compensation. You'll need to hire a laywer for this. Canada generally does not award high costs in these scenarios (we aren't a very litigious country unlike the U.S.). So chances are you would get your fees back if you won and your lawyer costs covered. You most likely won't get any compensation beyond that. Just want to set your expectations before you spend too many calories or dollars pursuing.

IRCC will not consider your application.They don't make exceptions due to representative error. They hold the applicant responsible for the application / profile regardless of who submitted it. Your only recourse is to go after the consultant.

 

[k.h.p.]

You can go after the immigration consultant in two ways. One is to report the consultant and potentially get their license revoked. Details below:

https://iccrc-crcic.ca/complaints-professional-conduct/file-a-complaint/#File-a-Complaint

The other way would be through a court for compensation. You'll need to hire a laywer for this. Canada generally does not award high costs in these scenarios (we aren't a very litigious country unlike the U.S.). So chances are you would get your fees back if you won and your lawyer costs covered. You most likely won't get any compensation beyond that. Just want to set your expectations before you spend too many calories or dollars pursuing.

IRCC will not consider your application.They don't make exceptions due to representative error. They hold the applicant responsible for the application / profile regardless of who submitted it. Your only recourse is to go after the consultant.

And most likely costs would not be for the entirety of your legal bill. Legal cost awards in Canada are on a scale, with generally only about 50% ish covered even when you win.

 

[Aufbohn]

Thanks for the responses. The objective here is to see if the due process can fix an omission by a 'registered professional'. What's the point of regulation if people have no 'skin in the game'? At a minimum, I would like to ensure that this episode to not get repeated with anyone else even if it ends up costing me some money.

 

[scylla]

Thanks for the responses. The objective here is to see if the due process can fix an omission by a 'registered professional'. What's the point of regulation if people have no 'skin in the game'? At a minimum, I would like to ensure that this episode to not get repeated with anyone else even if it ends up costing me some money.

In that case you should use the link provided above to report the consultant. Consultants do have skin in the game since they can be reported and lose their registration if they mismanage an application.This is the action you should take if you want to make sure this doesn't happen to someone else. Reporting the consultant is free and won't cost you anything.

As said above, you can also try pursuing the consultant through the Canadian court system.

 

[scylla]

Thanks for the responses. The objective here is to see if the due process can fix an omission by a 'registered professional'. What's the point of regulation if people have no 'skin in the game'? At a minimum, I would like to ensure that this episode to not get repeated with anyone else even if it ends up costing me some money.

Sorry - just to be clear... There is no process available that will fix an omission by the consultant and get you ITA retroactively. That's done and gone.

 

[k.h.p.]

The "due process" would have been served if you had reviewed what the consultant was submitting. You won't get an ITA through any legal course of action.

 

[thevisawhisperer]

Your only option is to complain about the RCIC. You will not be offered the consolation prize of immigration.

A client has an obligation to ensure that what the consultant is submitting is accurate. This is why clients are held responsible for misrepresentation made by consultants.

That would be mitigated somewhat by the fact that the RCIC would be submitting via the Representative Portal, to which the client doesn't have access.

 

[k.h.p.]

That would be mitigated somewhat by the fact that the RCIC would be submitting via the Representative Portal, to which the client doesn't have access.

I'm confident you're not suggesting that a client can claim to IRCC that because their representative screwed up, they should be given an ITA or that people can use "it was my representative's fault the application lied" as an excuse due to the portal.

 

[thevisawhisperer]

No, I'm just saying that it's difficult for a client to confirm the contents of an application that they cannot access. That is why RCICs are held responsible for the competence with which they represent clients. There is no question that no ITA will be forthcoming even in Zeus himself intervenes.

 

[DayaImmigration]

Hi all - As a background, I've been looking to move to Canada through Federal Skilled Workers express entry route and had enlisted the services of a well known RCIC based in Canada. At the time of enlisting his services, my CRS score was above the cutoff, which I had explained in my initial brief. However, he incorrectly submitted my profile on the portal, which resulted in my failing to get ITAs. Recently, the cutoff has been above my CRS and it seems unlikely that I will get an invite in the near future.

Prima facie, its a case of negligence on the part of the RCIC service provider for which I am directly impacted. What are my legal options - can I appeal to Immigration minister / IRCC since it is apparent from record that I missed the cutoff due to his error? Will they be able to make an exception and give a one off ITA?

Also, can I litigate for damages? Who should I approach? Any case laws, judgments in this regard will be appreciated.

AB

You can file a complaint to the CICC by going to this website: Complaint form FAQ - ICCRC | CRCIC - Immigration Consultants of Canada Regulatory Council (iccrc-crcic.ca)

I would suggest you read that webpage thoroughly before deciding to file a complaint. You should first try resolve and get your questions answered from the RCIC. Can you provide more details on the negligence and what part of the application was filed incorrectly?