Case Law
Court: Visa Officer's Note Does Not Create a Right to a DNA Test

Court: Visa Officer's Note Does Not Create a Right to a DNA Test

Application for Judicial Review Dismissed
Citation
2026 FC 343
Decided
Court file
IMM-9844-24
Full judgment
Read the decision

Case Law Overview

Saffa v. Canada (Citizenship and Immigration), 2026 FC 343

An applicant sponsored her alleged son, but the application was refused due to doubts about their biological relationship. The Immigration Appeal Division (IAD) upheld the refusal, disbelieving the applicant's evidence, including DNA results she provided and a birth certificate issued 18 years late.

Court Ruling

The Federal Court dismissed the judicial review application, finding no breach of procedural fairness. The Court affirmed that a visa officer's internal note about potential DNA testing does not create a binding 'legitimate expectation' that a test will be ordered by the IAD.

Key Quote from the Court

I do not agree that the Applicant had a legitimate expectation that DNA testing would be ordered or that the IAD should have adjourned the hearing for DNA testing. The record for this Application does not establish that the visa officer made an unqualified undertaking to conduct DNA testing. In addition, I note that there is no statutory or policy requirement for DNA testing. (at para 5)

Expert Takeaways

  • Legitimate Expectation is a High Bar To successfully argue a 'legitimate expectation' that IRCC or the IAD will take a certain step (like ordering a DNA test), you must prove an 'unqualified undertaking'-a clear, unambiguous promise. Internal officer notes are rarely sufficient.
  • Credibility is Paramount The IAD can decide a DNA test is unnecessary if it has significant credibility concerns with other evidence. This ruling shows that even if you have DNA evidence, inconsistencies in your testimony or suspect documents can undermine your entire case.
  • The Onus is on You to Respond If the government raises concerns about your documents, the responsibility is on you to reply. The Court will not accept a procedural fairness complaint if you had ample notice of the issues and failed to file a response.
  • Challenge Adverse Findings Directly The applicant did not challenge the reasonableness of the IAD's credibility findings, focusing only on procedural fairness. To succeed in a judicial review, you must attack the core reasoning of the decision against you, not just the process.

There is a deadline on this

15 days
if the decision was made inside Canada
60 days
if the decision was made outside Canada

That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.

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Disclaimer

The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.

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Questions people ask after reading a case like this

Does this mean my own case will succeed?

No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.

How long do I have to challenge a refusal?

Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.

What actually happens at the Federal Court?

Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.

Do I have to be in Canada to bring an application?

No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.

What happens in the free 15-minute review?

You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.

Ali Dadkhah

Written by

Ali Dadkhah

Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)

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