Our Recent Immigration Success Stories

Successful Challenge of a PR Refusal

When our client first came to us, she wanted to challenge the refusal of her application for permanent residence on Humanitarian and Compassionate grounds to the Federal Court of Canada. Following Leave being granted, the Judicial Review hearing was scheduled. We reviewed recent case law and prepared the Applicant’s Further Memorandum. Upon filing, we received notice from the Department of Justice on behalf of Immigration, Refugees and Citizenship Canada that they wanted to settle the matter without proceeding to the hearing. Our client was thrilled and agreed. As a result, our client’s application was sent back for redetermination, and she will be given the opportunity to provide new documents and legal submissions for a new Officer to review. We wish our client the best and hope she is able to continue living in Canada with her loved ones.

Applicant Previously Refused Four Times for a Study Permit is Finally Successful

At Bellissimo Law Group PC, we receive many applications for consultations regarding study permit refusals. It is very frustrating for many applicants. Most of them believe they submitted everything to Immigration, Refugee and Citizenship Canada (IRCC) that is required for a complete study permit application. Yet, they receive a refusal, sometimes within days, with generic reasons for being denied a study permit with no reference to their own circumstances: the officer does not believe they will leave the country for the same reasons – not enough funds, scope of the request, ties to Canada or their home country, financial status, residence status, etc.

IRCC is using more and more Artificial Intelligence (AI) in triaging applications. The indicators are concealed but in many of the cases we see the reasons for refusals are not well-founded. The applicant has usually sufficient funds and assets to cover the cost of tuition and living in Canada for the period of studies, have strong family ties to their home country, have good employment with prospects for advancement and have status in the country where they reside. In some situations, their status in the country is temporary, because of the laws of that location.

Sometimes the applicants want to pursue their matter to the Federal Court and challenge the negative decision they received for the study permit application. Often, IRCC seeks to settle the matter and the case is re-opened and submitted to another redetermination by another visa officer.

In other instances, the applicant wants us to re-apply for another study permit. From experience, we usually ask for much more than what is on the documents list on the IRCC website. This is to pre-emptively address the concerns that might occur to a visa officer we have learned from decades of experienced and so many applications.

An interesting case we recently had was for an applicant who asked us to re-apply for his study permit, as he had a previous refusal. We started preparing the case and, at the same time, made an access to information request, to see what notes the visa officer made for the previous refusal. Much to our surprise, when we received the notes, we noticed the applicant had four previous refusals, not just one. If we went along with what the applicant recalled this could have led to a potential misrepresentation finding from IRCC.

Luckily, we were patient and waited for the full e-notes and could address every issue raised by the visa officer. Within a couple of weeks, his application was approved, much to his delight and our satisfaction with a job well-done!

If you need any help with your study permit application, please feel free to contact us.

Thank you.

Judicial Review of Work Permit Refusal Allowed

Our client retained us following the refusal of his application for a work permit based on a finding of inadmissibility due to misrepresentation. We challenged the decision to the Federal Court of Canada, where Leave was granted, and the matter proceeded to a Judicial Review hearing.

At the hearing, we argued that the refusal was both procedurally unfair and unreasonable. The Application for Judicial Review was allowed, and the Officer’s decision was set aside. Our client’s application for a work permit will be remitted back to another Officer for redetermination where he will be allowed to provide additional evidence and legal submissions. We are thrilled with this result and wish our client the best!

Success at the Federal Court Leads to Approval for Canadian Permanent Residence

Our office was initially retained to assist our client with respect to the refusal of his permanent residence application on Humanitarian and Compassionate grounds (H&C).  We challenged the decision to the Federal Court, which upon Judicial Review was granted. Accordingly, his H&C application was remitted back to a new immigration officer for redetermination. He was also given the opportunity to provide additional documents and legal submissions in support of his application. 

Once his H&C application was re-opened, we assisted our client by providing guidance on documents and legal and factual arguments that could further demonstrate that he was a good candidate for permanent residence and did research into the hardship he would face should he be removed to his country of birth. Following the submission, we received an email from Immigration, Refugees and Citizenship Canada (“IRCC”) confirming that our client’s application for permanent residence was approved.  

We were thrilled and could not be happier for our client, who can remain in Canada and continue to build his future here. To learn more about humanitarian and compassionate grounds application or to assist with your application contact us today!