Our Recent Immigration Success Stories

Successful RAD appeal

We recently represented a client whose refugee claim was refused and the client retained our office to appeal the negative decision to the Refugee Appeal Division (RAD). Further to our thorough and extensive review of the appellant’s documents presented in support of their refugee claim and transcript of the hearing, we were able to show that the Member of the Refugee Protection Division (RPD) made a number of errors in their assessment of evidence, misconstrued the Appellant’s testimony and failed to properly apply Chairperson Guidelines. We argued that the Appellant does in fact fall under the definition of Convention Refugee or a Person in Need of Protection based on their personal profile. We were very happy to learn that the RAD Member agreed with our arguments, found the Appellant to be a person in need of protection, and overturned the decision of the RPD Member.

Settlement at the Federal Court

Our office was approached by a client after their temporary resident visa (TRV) had been refused. They were hoping to challenge the decision to the Federal Court of Canada, as they felt that their TRV application was strong and covered the issues mentioned in the refusal letter. We assisted our client in filing an Application for Leave and for Judicial Review (AFLJR) to challenge the TRV refusal, and upon receiving the notes, it became apparent that the Officer who assessed the application missed key evidence and conducted a generic assessment.

With this in mind, we carefully crafted our legal arguments to explain the gaps in the decision-making process and findings, in addition to conducting legal research to support our position. Thankfully, after our arguments were filed, the Department of Justice (DOJ) agreed that our client’s case at the Federal Court was strong, and offered settlement! After discussing options with our client, the offer was accepted and the refusal of our client’s TRV application is being set aside for the application to be redetermined by a different Officer. We are thrilled to have been able to assist our client in achieving this excellent result, and wish them all the best!

Overcoming Medical Inadmissibility: A Triumph in Immigration

A client diagnosed with polycystic kidney disease since childhood faced refusal of their permanent residence application because the anticipated cost during the period under consideration by Immigration, Refugees & Citizenship Canada (IRCC) was up to $535,000. IRCC was concerned that the client would need renal treatment with dialysis and/or a kidney transplant. IRCC’s concerns in this instance were well-founded as the client had advanced to kidney failure, requiring both short-term dialysis and a transplant. Following months of planning and consultations with the client, medical specialists, and Canadian provincial authorities, a Mitigation Plan was developed, placing the client under the threshold in IRCC’s period under consideration. Following examination of the plan, we are pleased to report that the client was downgraded from an M5 applicant to an M3 applicant, and the medical admissibility assessment was passed. The clients now look forward to a long and prosperous future here in Canada

Successful PR Reassessment Following a Previous Rejection

Our client sought the assistance of our firm following the rejection of his application for Permanent Residence (PR) under the Federal Skilled Worker class, which was denied by an IRCC officer on the basis that his job duties did not align with the National Occupation Classification (NOC) code stated in his application. Our team embarked on the task of challenging this decision in the Federal Court, with the objective of having the PR application reassessed.

Through meticulous preparation and presentation of compelling legal arguments, our legal team effectively demonstrated that the Officer’s decision was unfair and unreasonable, and our client indeed fulfilled the criteria to be deemed a skilled worker at the time of his PR application. Securing leave from the court was a significant milestone, paving the way for us to represent our client in his Judicial Review hearing. During this process, our team skillfully articulated well-researched legal arguments, resulting in the application being sent back for redetermination.

Subsequently, our firm was retained to aid in the submission of new materials to be included with the application before it was reconsidered. After submitting the new materials for consideration, we were delighted to receive news of our client’s application being approved. The recent confirmation of our client and his family’s arrival in Canada marks the culmination of their PR journey. We take great satisfaction in knowing that our assistance has enabled them to embark on this new chapter in their lives. We extend our heartfelt congratulations and best wishes to our client and his family as they begin their journey in Canada!