In 2018, the transfer of self-employed applications from Iran to the Warsaw visa office was purportedly an administrative measure to expedite the immigration process. Yet, what has transpired since then bears an uncanny resemblance to a past we thought we had left behind forever.

Many artists, athletes, and farmers who applied for permanent residence under the self-employed immigration program were refused en masse due to biases at the Warsaw visa post, which took over the files from a backlogged Ankara office. The main issue at hand is whether these “mass” refusals, carried out hastily according to the applicants' court submissions, by the Canadian visa post in Poland were a direct result of an effort to clear a backlog, potentially violating established legal principles.

As many as 479 files in the self-employed category were transferred to Warsaw from the backlogged Ankara post in Turkey on March 7, 2018. Since that time they have been receiving all applications destined for Ankara endlessly growing the inventory.

The applicants allege that the Warsaw visa post, in its assessment of these transferred cases, completely disregarded established norms, procedural fairness requirements, and reasonable expectations of the standard against which their applications were to be assessed. They claim that officers immediately issued refusals without proper consideration.

Almost all litigants were refused for failing to demonstrate their ability and intent to become self-employed in Canada, despite business plans that, in the past, would have met the expectations of the Ankara visa post, according to litigants’ counsel.

Picture this: individuals, fleeing oppressive circumstances, arrive at the doors of the Warsaw visa office, their hopes held high, seeking refuge and opportunity in a nation known for its values of equality and compassion. Instead, they encounter a cold, bureaucratic machinery that churns out refusals like a well-oiled assembly line, leaving these souls in a state of shock and disbelief. A bureaucratic machine that appears more focused on eliminating their applications than evaluating them on their merits.

The echoes of history are undeniable – a haunting pattern of arbitrary decisions, absent explanations, and the denial of basic rights. While we recognize that the magnitude of past injustices, such as those during occupied Poland, may far surpass our present concerns, it's a stark reminder of the importance of justice and fairness.

Let us not mince words: this is a call for accountability, for reckoning with the stark reality that we are witnessing, in our present day, a shadow of injustices that have plagued societies in the past, albeit on a different scale. The flag of the Canadian government may wave above the Warsaw visa office, but the actions unfolding within its walls strike a dissonant chord against the values we hold dear.

The legal battles fought by the courageous souls who dared to challenge these injustices are a testament to the resilience of the human spirit. These fighters, much like those who resisted oppression amidst the darkest days of the 20th century, have risen against a tide of prejudice and indifference, exposing the systemic flaws that mar the immigration process.

After an arduous four-year legal battle in TAFRESHI group litigation, the court ruled against the unjust decisions and issued an order to reopen all 110 applications from the first group of litigations. Sadly, Warsaw continued its unlawful and unfair conduct in processing the litigants in Tafreshi and all other Iranian self-employed applicants in their inventory. Two more groups of litigants have had to form since.

The totality of what happened and is still happening is suggestive of bad faith and discrimination on the base of nationality. This, when coupled with the complete disregard with which the government is treating Iranians overall across immigration categories, Warsaw visa office’s conduct with Self-employed applicants processed by Warsaw minimally, and especially those processed contrary to the Court’s order in Tafreshi, is suggestive of an unwillingness to observe the court’s specific and persistent directions to render lawful assessment of Iranian applications overall.

The IRCC’s disregard for lawful assessment of Iranian Self-employed applicants has and continues to cause the applicants immense but completely avoidable hardship including those who gave up upon the refusal due to financial reasons, those that paid for and joined litigations, and those that challenged their refusals on their own.

Without up-front instructions, IRCC has continuously changed the standard to be met during processing, with or without notice, causing clients to have to jump through additional hurdles to succeed if they can or fail otherwise. The issue of the unfairness of that reality will keep plaguing the Court until and unless it is squarely addressed.

To those wielding power within the Warsaw visa office, let history be our guide – let us remember the horrors born of unchecked authority and discriminatory policies. The weight of your decisions carries far-reaching consequences, and the judgment of posterity awaits.

Our responsibility, as Canadians and decision makers, is to learn from history's lessons and ensure that such injustice is not perpetuated within our borders. The flag of the Canadian government should symbolize openness, compassion, and opportunity for all, not a continuation of the systemic wrongs of the past.

To my fellow Canadians, I implore you to join us in this call for justice. Let us vehemently challenge the disturbing specter of intentional exclusion that seems to loom over the processing of these files in Warsaw. Together, we must reject any shadow of doubt regarding the premeditated nature of these refusals and stand united against this grave injustice. Our strength lies in our collective commitment to fairness, empathy, and the unwavering principles of the rule of law that define our nation. It is imperative that we shed light on this issue, ensuring that those who have been intentionally excluded find the justice they rightfully deserve.

We, as the advocates for justice and fairness, find ourselves in the position of advocating for these resilient individuals once again. Their pursuit of a fair evaluation persists, and we are ready to stand by their side as they navigate the legal path once more. The actions and practices of the Warsaw visa office, unfortunately, continue to raise concerns about the fairness and transparency of the assessment process.

It is our belief that a thorough and impartial evaluation is crucial, one that recognizes the potential contributions and merits of each applicant. The importance of a competent approach cannot be overstated, especially when considering the dreams and aspirations these individuals bring to our nation.

As we move forward, it is essential that we reflect on the lessons of history – not to draw direct comparisons, but to remind ourselves of the tragic consequences that arise when decisions are driven by prejudice and indifference. Let us ensure that the mistakes of the past do not find a foothold in the present.

Furthermore, we must acknowledge the role of those in positions of authority. The responsibility to rectify this situation and uphold the principles of justice lies in the hands of those who can effect change. The former Canada immigration minister, Mr. Sean Fraser, played a part in allowing this ordeal to unfold. It is our hope that the new successor, Mr. Miller, will seize the opportunity to address and rectify the injustices that persist within the immigration system.

The concept of procedural fairness, as portrayed by the Warsaw visa office, has become a subject of apprehension. While ostensibly designed to ensure a just outcome, it has left many applicants grappling with formidable challenges despite their earnest attempts to present their cases. This predicament prompts crucial inquiries into the authenticity of the commitment to fairness and underscores the potential repercussions stemming from what seems to be a continued disregard for the lives of these applicants and the legal requirement to render lawful assessment of their applications.  In short, the persistence of unlawful assessments even after the huge court win in Tafreshi is bringing the administration of justice into disrepute.  The question is, will the new Minister and the Federal Court do something about it?

In conclusion, the haunting parallels between the injustices faced by applicants at the Warsaw visa office and the dark era of occupied Poland serve as a stark reminder of the importance of justice and fairness in our immigration system. While we acknowledge that the scale of historical injustices may differ significantly, the resonance of the fundamental notion of justice remains.

We extend our gratitude to those who heed these concerns and call upon those in positions of authority to address this issue promptly and decisively, reaffirming our nation's dedication to justice, fairness, and the rights of all those who seek refuge and opportunity within our great land.

By Ramin Asadi, Authorized Immigration Representative, Member of the College of Immigration and Citizenship Consultants.