Our Recent Immigration Success Stories

H&C Refusal Overturned on Judicial Review

We are pleased to share a victory for our client, who had faced the refusal of their humanitarian and compassionate (H&C) application for permanent residence in Canada.

Our client approached us after their H&C application was denied by IRCC. The officer had concluded that there were insufficient humanitarian and compassionate considerations to justify an exemption under subsection 25(1) of the Immigration and Refugee Protection Act. A central issue in the refusal was the officer’s assessment of the best interests of our client’s grandchildren, who are directly affected by the potential removal.

Our client had submitted evidence demonstrating their deep involvement in the lives of their grandchildren, including providing emotional support, teaching family traditions and beliefs, and fostering a strong cultural and religious foundation. Our client’s children, who are Canadian citizens, emphasized how our client’s presence has been an “immense source of joy and support” and irreplaceable in the daily lives of the grandchildren. Despite this evidence, the officer assigned minimal weight to these considerations, incorrectly framing them as non-determinative.

We challenged the refusal through judicial review, arguing that the officer’s decision was unreasonable and failed to properly consider the best interests of the children (BIOC). We emphasized that a proper BIOC analysis must consider the children’s specific circumstances and not be reduced to a “basic needs” test. Our submissions drew on established case law, highlighting that officers must assess the real-world impact of removal from the children’s perspective.

The Federal Court agreed, finding that the officer had not applied the appropriate framework and had given undue weight to speculative assumptions rather than the evidence presented. The Court set aside the refusal, allowing our client’s application to be reconsidered fairly by IRCC.

We are proud to advocate for clients facing unreasonable immigration decisions, ensuring that their applications are reviewed with fairness and sensitivity.

Overcoming Past Misrepresentation to Secure TRV Approval

A client retained our office to assist with a Temporary Resident Visa (TRV) application so she could travel to Canada to address urgent business and property matters. Her case was particularly complex due to a lengthy immigration history, including refused provincial nomination applications, multiple previous visa refusals, and a five-year inadmissibility finding for misrepresentation.

The misrepresentation finding stemmed from a prior TRV application prepared by a third party, where important details about her past border interaction and business activities in Canada were not fully disclosed. During the inadmissibility period, her Canadian business and property were left unattended, leading to serious complications that could not be resolved from abroad.

Once the inadmissibility period ended, our legal team carefully reassessed her situation and developed a comprehensive strategy for a new TRV application. We ensured that all application forms were completed accurately, addressing her immigration history in full. We also assembled extensive supporting documentation and prepared a detailed legal submission, clearly demonstrating her strong ties to her home country and the genuine, temporary purpose of her visit.

Despite the complexity of the case, the TRV was approved in two months. We are pleased to have helped our client to return to Canada and finally address matters that required her personal presence.

Canadian Citizenship Approved for First-Generation Born Abroad Applicant

Our client approached us seeking a Canadian Citizenship Certificate. Although the client’s parent was a Canadian citizen by birth, the family later relocated, and the client was born outside Canada.

Following a thorough review, we determined that the client qualified for citizenship under subsection 3(1)(g) of the Citizenship Act, which recognizes first-generation citizenship by descent for individuals born abroad who were not previously recognized as citizens prior to April 17, 2009.

We prepared and submitted the application and received a swift, favorable decision. The client was granted Canadian citizenship and is now a proud dual citizen of Canada and the United States.

We congratulate our client on this successful outcome and are pleased to have helped secure their Canadian status.

Permanent Residence Granted After Risking Exclusion of Spouse as a Member of the Family Class

Our clients came to us after their received a letter from Immigration, Refugees and Citizenship Canada (IRCC) regarding their Permanent Residence application under the Spousal Sponsorship Program. This letter explained concerns about a failure to disclose a material change when the sponsor landed in Canada which could lead the applicant to be excluded as a member of the family class. Our team meticulously reviewed the file and the law and put forth comprehensive legal arguments including humanitarian and compassionate considerations that requested the officer examine the hardship of the family and the best interests of the children involved.

Two months later, we were thrilled to receive our client’s confirmation that their application had been approved. We wish the family all the best as they begin their new chapter in Canada!