Unfair Refusal Overturned: TRP and Work Permit Reconsidered
We are pleased to share a recent success for our client, who had been refused a work permit and temporary resident permit (TRP) to join their spouse in Canada.
Our client applied for a spousal open work permit alongside a TRP to temporarily overcome criminal inadmissibility stemming from convictions outside of Canada. The application was refused, and critically, the refusal letter failed to communicate any assessment of the TRP request — leaving our client unaware that the request had even been considered, let alone refused.
Our team brought the matter to the Federal Court, arguing that the process was procedurally unfair and that the decision was unreasonable. Among other issues, we submitted that the Officer applied the wrong legal test in assessing the TRP, failed to meaningfully engage with the evidence filed in support of the application (including compelling evidence of rehabilitation and the need for family reunification) and did not provide adequate reasons for the refusal.
The Federal Court granted leave to proceed to judicial review, agreeing that an arguable case had been raised. Rather than proceeding to a full hearing, we were able to then reach a settlement with the Respondent, resulting in the matter being remitted for redetermination by a different officer. This outcome allowed our client to avoid the additional time and expense of a hearing, and to have their application reconsidered more quickly than the full judicial review process would have permitted.
We are proud to advocate for clients navigating complex immigration proceedings, and to achieve results that prioritize family unity, fairness, and efficiency.