Our Recent Immigration Success Stories

Overcoming a Deportation Order Through Rehabilitation

We are pleased to share a victory for our client, who had faced a deportation order following criminal convictions in Canada. This success ensures that our client can remain in the country on a stayed removal order, providing an opportunity for continued rehabilitation and stability within the community.

Our client approached us after the Immigration Division issued a deportation order based on serious criminal convictions. Our client appealed the order, seeking special relief on humanitarian and compassionate (H&C) grounds. The central issue was whether the positive H&C factors – such as rehabilitation efforts, establishment in Canada, and the hardship to family members – was sufficient to overcome the severity of the offences.

During the appeal before the Immigration Appeal Division (IAD), we presented evidence of our client’s significant steps toward rehabilitation. This included consistent attendance at specialized counseling and psychotherapy sessions, as well as a positive assessment from a forensic psychiatrist indicating a low probability of re-offending. We also highlighted our client’s professional establishment, and the deep emotional and financial impact removal would have on their spouse, who relies on our client for support.

The IAD agreed that sufficient credible evidence existed to warrant a stay. The Court found that while the offenses were serious, the combination of our client’s rehabilitation efforts, their strong establishment in Canada, and the documented hardship to their spouse outweighed the factors favoring immediate removal. As a result, the IAD granted a four-year stay of the removal order, subject to specific conditions.

We are proud to advocate for clients in complex immigration matters, ensuring that the legal system accounts for personal growth, family unity, and the potential for rehabilitation.

Proof of Canadian Citizenship Approved Despite Complex Name History

A client retained our firm to assist with an application for proof of Canadian citizenship. She was born outside Canada to a Canadian parent. The case was complicated as the client’s father had used multiple names over the years, some formally changed with documentation, and others used without official records, and the father had since passed away.

Our legal team worked closely with the client and took a creative and strategic approach to gathering evidence. We assembled documentation to demonstrate that the various names referred to the same individual and to clearly establish the parent–child relationship. We ensured all application forms were completed accurately, supporting documents were well organized, and a detailed legal submission was prepared to explain the circumstances clearly and coherently.

The application was approved in just two months. We are pleased to have helped our client successfully confirm her Canadian citizenship despite the complexities involved.

H&C Refusal Overturned on Judicial Review

We are pleased to share a victory for our client, who had faced the refusal of their humanitarian and compassionate (H&C) application for permanent residence in Canada.

Our client approached us after their H&C application was denied by IRCC. The officer had concluded that there were insufficient humanitarian and compassionate considerations to justify an exemption under subsection 25(1) of the Immigration and Refugee Protection Act. A central issue in the refusal was the officer’s assessment of the best interests of our client’s grandchildren, who are directly affected by the potential removal.

Our client had submitted evidence demonstrating their deep involvement in the lives of their grandchildren, including providing emotional support, teaching family traditions and beliefs, and fostering a strong cultural and religious foundation. Our client’s children, who are Canadian citizens, emphasized how our client’s presence has been an “immense source of joy and support” and irreplaceable in the daily lives of the grandchildren. Despite this evidence, the officer assigned minimal weight to these considerations, incorrectly framing them as non-determinative.

We challenged the refusal through judicial review, arguing that the officer’s decision was unreasonable and failed to properly consider the best interests of the children (BIOC). We emphasized that a proper BIOC analysis must consider the children’s specific circumstances and not be reduced to a “basic needs” test. Our submissions drew on established case law, highlighting that officers must assess the real-world impact of removal from the children’s perspective.

The Federal Court agreed, finding that the officer had not applied the appropriate framework and had given undue weight to speculative assumptions rather than the evidence presented. The Court set aside the refusal, allowing our client’s application to be reconsidered fairly by IRCC.

We are proud to advocate for clients facing unreasonable immigration decisions, ensuring that their applications are reviewed with fairness and sensitivity.

Overcoming Past Misrepresentation to Secure TRV Approval

A client retained our office to assist with a Temporary Resident Visa (TRV) application so she could travel to Canada to address urgent business and property matters. Her case was particularly complex due to a lengthy immigration history, including refused provincial nomination applications, multiple previous visa refusals, and a five-year inadmissibility finding for misrepresentation.

The misrepresentation finding stemmed from a prior TRV application prepared by a third party, where important details about her past border interaction and business activities in Canada were not fully disclosed. During the inadmissibility period, her Canadian business and property were left unattended, leading to serious complications that could not be resolved from abroad.

Once the inadmissibility period ended, our legal team carefully reassessed her situation and developed a comprehensive strategy for a new TRV application. We ensured that all application forms were completed accurately, addressing her immigration history in full. We also assembled extensive supporting documentation and prepared a detailed legal submission, clearly demonstrating her strong ties to her home country and the genuine, temporary purpose of her visit.

Despite the complexity of the case, the TRV was approved in two months. We are pleased to have helped our client to return to Canada and finally address matters that required her personal presence.