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Excellent post Raj. I've had similar experience with Delhi and work permit applications for spouses of skilled workers and students in Canada. I've been able to get the decisions to refuse overturned by requesting a reconsideration directly to the program manager of the mission with a detailed submission about the correct application of the legal test of "balance of probabilities" regarding the genuine nature of the relationship as well as some strong words about when a finding of misrepresentation is appropriate, quoting the decisions of the Federal Court. You're 100% right that there misrepresentation carries very heavy consequences and is a decision that should be made "lightly" by an officer. Good for you for shining some light on this issue. As advocates, we must demand that our clients are treated fairly and that the law is applied appropriately. Officers cannot act as vigilantes or as you put it, "crusaders" pushing their personal beliefs and agendas in these cases.
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Apr 12, 2019