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Unmasking Injustice: The Haunting Parallels at the Warsaw Visa Office

Unmasking Injustice: The Haunting Parallels at the Warsaw Visa Office

Table of Contents

A Glimpse Behind the Scenes: Insights from an Authorized Immigration Representative

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.

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Applicants’ Testimonies

The Struggle of Mr. Jamaleddin Mokhtari: A Heart-Wrenching Memoir of Immigration

Mr. Jamaleddin Mokhtari's story is not just a narrative; it's a testament to the trials and tribulations faced by countless hopeful immigrants who dream of a better life in Canada. His journey began in the middle of 2016 when he and his family decided to embark on the arduous path of immigration. Friends who had successfully obtained Canadian residence visas through self-employment served as an inspiration.

With similar qualifications and aspirations, Mr. Mokhtari initiated the process by seeking legal counsel. Contracts were signed, documents prepared, and the case meticulously assembled for the Canadian Immigration Department. Although the process demanded immense effort in terms of document preparation, translation, and verification, the promise of securing their Canadian residence visa within a year acted as a powerful motivator.  Their representative, me, versed in how to succeed in these applications for Iranians, ensured the application was prepared for success.

One year later, an update arrived from the Ankara office, sparking excitement and hope. They believed the initial approval was underway, necessitating only document updates and the reporting of any changes. They eagerly anticipated moving to the medical examination stage within six months. During this time, their life plans were on hold; no travels, no major purchases, and even the decision to expand their family was deferred.

However, the six-month wait stretched into over a year, only to culminate in a letter from the Warsaw office, informing them that they did not meet the criteria for residency. The question loomed: Why now? Why had Ankara not communicated these issues before the year-long process commenced? It felt like they had lost not just a year but several years of their lives, all focused on a dream that now seemed distant.

The battle was far from over; they embarked on the challenging path of legal recourse, seeking solace in the hope that the court could provide relief from the overwhelming sense of failure. What was initially thought to be a one-year ordeal extended for several years until finally, the court's decision came as a lifeline.

The renewed hope triggered the resumption of the immigration process. All previous steps were repeated, motivated by the aspiration of securing residency. However, a new obstacle emerged – the requirement for a language certificate. This sudden demand left them bewildered. Why was this requirement not mentioned from the start? Why now, after years of effort and investment?  Why after a big win where the Court confirmed the government can’t set new standards to cause more surprise and hardship to each of us?

This experience felt like a relentless emotional and financial rollercoaster, as if they were locked in a struggle to prove their worthiness to Warsaw. Unfortunately, due to Iran's conditions, the IELTS test was not an option. After rigorous research, Mr. Mokhtari opted for the Duolingo test, a choice that added substantial stress and pressure, particularly as the head of his family responsible for securing this crucial document. He managed to pass the test with a score at intermediate level, despite challenging circumstances. This achievement marked the culmination of months of effort.

Confident that all requirements had been met, they submitted the proof of English, along with the previous language certificate, and a series of explanations regarding friends who had successfully settled in Toronto. Yet, after over 30 days of anxious waiting, another rejection arrived from the Warsaw office.

The news devastated Mr. Mokhtari, his wife, and their son, who had been hoping to start his first year of elementary school in Canada. The dream they had nurtured for seven years seemed further away than ever. The injustice they experienced left them questioning why their lives had been toyed with for so long. Their anguish was immeasurable.

Their story is a poignant reminder of the struggles faced by countless hopeful immigrants, who, despite their determination and perseverance, often find themselves caught in bureaucratic mazes that delay their dreams and disrupt their lives. Mr. Mokhtari's heartfelt account highlights the need for a fair and compassionate immigration system that values the aspirations and contributions of those who seek a better life in Canada .

Ready to take the next step towards your Canadian immigration journey? Fill out the form below and embark on your path to new opportunities.

A Journey of Hope and Heartbreak: Samaneh Najafi's Immigration Odyssey

Among those who have suffered at the hands of the Warsaw visa office is Samaneh Najafi, along with her husband. They have been diligently engaged in the field of yoga instruction for over 12 years , hoping to immigrate to Canada in 2017 under the self-employed category. Their plan was to establish a yoga studio in their city of residence, Richmond Hill, Ontario, which was experiencing a scarcity of such specialized establishments. At that time, Samaneh and her husband were experienced instructors, and in 2017, few experienced yoga instructors were available in their area. This situation presented them with a golden opportunity to develop and expand their careers, including opening a yoga studio, which was easily affordable with their savings.

However, despite their thorough research and consultation with immigration experts and lawyers, they found their application disregarded by the Warsaw visa office, undermining the opportunities they had envisioned. The fluctuation in the Canadian dollar's value between 2017, ranging from 23,000 to 27,000 Rials, allowed them to comfortably cover the costs of immigration and settlement in Canada.

Additionally, their only child was 12 years old at that time, and after consulting with various experts, they determined that this age was ideal for migration, allowing their child to adapt to a new country's culture and society. They carefully invested their savings in purchasing Canadian dollars to ensure a smooth transition to Canada.

Tragically, as the Canadian dollar's value remained relatively stable compared to the soaring property prices, they lost a significant portion of their savings. Despite their initial optimism and support for their immigration endeavors, they have spent nearly six years facing uncertainty, economic distress, and anxiety, which intensified in various aspects of their lives, both financially and socially.

Despite all the chaos, disappointments, and hardships they've faced, the renewed refusal by the Canadian immigration authority following a federal court order is beyond comprehension and deeply disheartening.

In conclusion, even amidst all the turmoil, disappointments, and challenges, the conduct of the Canadian immigration authority remains inconceivable and profoundly disheartening, particularly considering the court's intervention. The hope is that justice prevails, not only for Samaneh Najafi and her husband but for all those who aspire to contribute to Canada and embrace its values of fairness and inclusion.

Last Words:

May everyone find happiness,

May everyone live in peace and tranquility,

May love and purity spread wide,

May all enjoy true joy, real peace, and genuine serenity…

Ready to take the next step towards your Canadian immigration journey? Fill out the form below and embark on your path to new opportunities.

Zahra Iranpour: Seven Years of Immigration Dreams

In the heart of Iran, seven years ago, the Iranpour family embarked on a journey—a journey filled with dreams of immigrating to Canada, a land of promise, opportunity, and stability. Their story is a testament to resilience and unwavering hope.

Picture a family of four: Zahra, her husband, and their son, and their  daughter. They yearned for a life of peace and prosperity, where their children could grow up in a safe and nurturing environment. Their dreams were grand, their aspirations high, and their hearts set on a brighter future.

With these dreams in mind, they began the intricate process of immigration. Legal contracts were signed, documents gathered, translations meticulously done, and their case was submitted to the Canadian Immigration Department. The road ahead seemed promising based on past experience, with hope and anticipation that their residence visa would be granted within a year.

However, life had different plans. A year passed, and the Ankara office in Turkey sent an update—a glimmer of hope, they thought. Yet, it wasn't as simple as they'd hoped. The process became a labyrinth of uncertainty. All their life plans, travel, purchases, and even decisions about expanding their family were put on hold, all in anticipation of their Canadian dream.

But time passed, and they received a letter from the Warsaw office. Their application was denied. Why now? They wondered, after all this time and effort. Their one-year wait had turned into many, their dreams slipping further away.  It felt as if life was playing a cruel joke on them.


Determined to fight for their dream, they took their case to court, their hope resting on the outcome. A year turned into several, but finally, victory was theirs, and the court ruled in their favor. It was time to renew their application, and they embarked on the journey once more.

This time, they were met with new challenges. Requirements for language certificates emerged, a hurdle they hadn't encountered before. The clock was ticking. In a whirlwind of stress and preparation, they opted for the English test—a test that would change the course of their journey. Success came, but the obstacles were far from over.

They submitted their documents, along with heartfelt explanations and references from friends already thriving in Canada. They believed their path was clear, and the long-awaited medical card was within reach. However, the Warsaw office had other plans. Their case was rejected once more, and despair set in.

Their family of four was in tears. Why? After seven years of waiting, their son, now in seventh grade, had been anticipating starting his first year of elementary school in Canada. But again, Warsaw had halted their dreams of such a journey.

Financially, they suffered tremendous losses, with a significant sum held in the bank. Due to the devaluation of the Iranian currency and the rising dollar, their financial security was slipping away.

With each request for updated documents, stress and anxiety mounted. Some documents were nearly impossible to obtain in Iran's circumstances, and others came with staggering costs. Duplicates were requested for documents already submitted, adding to their financial burden.

Through it all, Zahra, her husband, and their children endured, holding on to their dream of a better life in Canada. Their resilience in the face of adversity is a testament to the strength of the human spirit and the enduring power of hope.

Their journey continues, and they remain hopeful that one day, their dream of a peaceful, prosperous life in Canada will become a reality. For the Iranpour family, the seven-year odyssey is a testament to unwavering determination and the enduring belief in the promise of a brighter future.

Ready to take the next step towards your Canadian immigration journey? Fill out the form below and embark on your path to new opportunities.

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