Our Recent Immigration Success Stories

Judicial Review Granted After Officer Erred in their H&C Analysis

Our clients came to us after their Permanent Residence application on Humanitarian and Compassionate (H&C) grounds was refused. We were retained to challenge the refusal at the Federal Court. We filed an Application for Leave and for Judicial Review and, upon receiving the reasons behind the Officer’s decision, it was confirmed that the decision was both unfair and unreasonable. The Officer had not undertaken the correct H&C analysis. We carefully crafted our legal arguments and filed all materials with the Court. 

Leave was subsequently granted and we were able to present our arguments before the Federal Court at the Judicial Review stage. Here, we argued that the Officer’s decision failed to reasonably assess the H&C factors and engage with all of the evidence, particularly concerning our clients’ establishment in Canada and the best interests of the child. The Federal Court agreed with our arguments, finding the Officer’s decision was unreasonable due to their failure to properly assess the requisite H&C factors as well as the child’s circumstances. Ultimately, the application for Judicial Review was granted, the refusal was set aside, and the application will now be redetermined by a different visa officer. We are thrilled to have been able to assist our client in achieving this amazing result!  

PR Application Reconsidered After Overcoming Criminality Challenges

Our client came to us after their application for permanent residence (PR) was refused on the grounds of serious criminality. The visa officer’s refusal was based on a prior finding of inadmissibility in another country due to misrepresentation, even though this issue was later found to be an error and the misrepresentation finding was removed.

Upon reviewing the case, we identified several issues, including the visa officer’s mistaken equating of the foreign inadmissibility with a criminal offense under the Canadian Criminal Code, which was not the correct equivalence. This misinterpretation played a significant role in the refusal decision.

Recognizing these clear issues, we filed an Application for Leave and for Judicial Review with the Federal Court. Our legal team presented strong arguments that highlighted the flaws in the officer’s reasoning. Shortly after submitting our arguments, the Respondent proposed a settlement, indirectly acknowledging the errors in the decision.

As a result, the serious criminality finding has been removed, and the PR application has been sent back to IRCC for reconsideration by a different visa officer. We congratulate our client on this positive outcome and wish them the best as they continue their journey toward permanent residence in Canada.

Overcoming Residency Challenges: PRTD Approved in Just One Week

Our client sought our assistance to return to Canada as a permanent resident, despite having zero days of physical presence in Canada within the relevant 5-year period. In fact, she had only briefly landed in Canada when she was initially granted PR seven years ago. After a careful assessment of her circumstances, we advised her to apply for a Permanent Resident Travel Document (PRTD) on humanitarian and compassionate (H&C) grounds.

Given the significant breach of the residency obligation, our team went beyond the standard forms and documents by providing extensive evidence and preparing detailed legal submissions. We demonstrated that our client faced circumstances beyond her control, preventing her from returning to Canada in a timely manner, although she always intended to do so. We highlighted that she had taken all possible steps to return to Canada at the earliest opportunity.

To our delight, the PRTD was approved in just one week. We are pleased to have helped our client achieve such a great outcome and wish her all the best in her journey ahead.

 

Reuniting in Record Time: Spousal Sponsorship Approved in 4 Months

We were retained by a newlywed couple in an arranged marriage to assist with an Overseas Spousal Sponsorship application. After a thorough consultation, our legal team provided the couple with a detailed list of documents needed to demonstrate the genuineness of their marriage. We meticulously prepared the application package, ensuring that every form was accurately completed, and all necessary documents were included. Additionally, we crafted comprehensive legal submissions to strengthen the application. Although certain documents took time to obtain or required updating, our careful preparation paid off. With the average processing time of nearly 10 months, this application was approved in just 4 months, without any request for additional documentation. We are delighted that we were able to assist our client in reunite with her spouse in Canada and we wish them all the best!