Our Recent Immigration Success Stories

Federal Court Overrules Misjudged H&C Decision, Paving Way for Child’s Canadian Sponsorship

Our client came to us after their family sponsorship application for their young child under Humanitarian & Compassionate (H&C) grounds was refused. We reviewed the case and identified various issues, including a critical problem with the officer’s assessment of the evidence provided by our client. The officer’s decision was not only unreasonable but also mischaracterized the evidence that was provided. Despite the arguments our client made explaining why it was in the child’s best interests to come to Canada, the officer mischaracterized the evidence to argue instead that being in Canada was not necessary. In reaching this conclusion, the officer engaged in circular reasoning and did not properly apply the test for assessing the best interests of the child.

Recognizing the flaws in the decision, our legal team took the case to the Federal Court. We argued that the officer’s decision was internally inconsistent and failed to reasonably assess the H&C factors, particularly concerning the best interests of the child. The Federal Court agreed with our arguments, finding the officer’s decision to be unreasonable due to their failure to properly assess the child’s circumstances, as well as the mischaracterization of critical evidence.

As a result, the court set aside the refusal and returned the application to Immigration, Refugees and Citizenship Canada (IRCC) for redetermination. This victory is a testament to our dedication to ensuring that immigration decisions are made fairly and reasonably. We are pleased to have been able to help our client move one step closer to reuniting with their child in Canada.

Federal Court Overturns Unjust Refusal of Self-Employed Applicant’s Application

Our client was refused permanent residence under the self-employed persons class after the officer concluded that our client lacked the relevant experience to be self-employed in Canada, despite extensive evidence showing they had been self-employed for more than the required time. Further complicating matters, the officer conducted a web search and determined that our client’s company in Canada was not operating, despite evidence to the contrary provided by our client with their application. The officer relied on these extrinsic resources in making their decision to refuse the application, but the web search results were neither disclosed to our client nor was our client given an opportunity to respond.

Recognizing a breach of procedural fairness, our legal team took the case to the Federal Court. We argued that the officer’s reliance on undisclosed extrinsic resources resulted in an unfair and unreasonable decision. The court agreed, highlighting that officers cannot use external sources to question an applicant’s credibility without first disclosing those sources and providing an opportunity for the applicant to respond.

As a result, the Federal Court decided in our client’s favor, and the application has been sent back to IRCC for redetermination. We wish our client continued success as they move forward in their journey to settle permanently in Canada!

From Inadmissibility to Approval: Securing Permanent Residence Despite Health Challenges

Our client was sponsored by her family for permanent residence. She was triaged for inadmissibility because she has Chronic Kidney Disease, stage 4 and was assigned an M5 profile:
Inadmissible due to excessive demand on health and social services.

Over a period of many months we worked with the family and specialist overseas to determine that the applicant will reasonably likely remain at stage 4 for the five-year period under question in consideration of all her circumstances (medical and non-medical).

Based on this we developed a reasonable Plan identifying that there is likely no need for renal replacement therapy in the next five-years. We also identified what health and social services will definitively be used in British Columbia based on her particular needs, placing her under the threshold all applicants are measured against. In addition, the response included detailed H&C considerations not just concerning the applicant but also the applicant’s family members.

We were pleased to recently learn that the previous finding of M5 was overcome and the application approved.

Successfully Navigating a Work Permit Withdrawal

Our client approached us when her LMIA-based work permit was withdrawn by IRCC. After discussing the case with her, thoroughly reviewing her previous application package and the refusal letter, and conducting research, our legal team concluded that the withdrawal was made in error. We believed that the visa officer misunderstood the occupation she applied for and that our client was indeed eligible to apply for the work permit from inside Canada based on a temporary public policy. 

We meticulously compiled a new application, ensuring that all forms were completed accurately and all necessary supporting documents were included. In addition, we crafted detailed legal submissions to clearly explain her situation and address the issues raised in her previous refusal.  

A few months later, her application was approved, and she was granted a two-year work permit, allowing her to remain in Canada and start working for her new employer. We were very pleased to share the long-awaited news with our client and wish her all the best in her future endeavors.