August 10, 2016

BLG Makes History: Success with First “Start-Up Business Class” Federal Court Judicial Review

Bellissimo Law Group is proud to announce a recent successful outcome in Federal Court challenging a Start-Up Business Class (SUBC) permanent residence visa refusal. This is the first time an SUBC application has been the subject of a Federal Court Judicial Review. The case involved an inventor who had established a solar energy company in Canada and had the support of a Canadian business incubator, making him eligible to apply for permanent residence under the SUBC program. His application was refused because a Visa Officer concluded that he had applied to the SUBC program primarily for immigration purposes, and not to operate his business.

BLG argued that the decision was flawed due to procedural breaches. In particular, a poison pen letter had been received but was not disclosed to the applicant while the file was in process, and concerns about his immigration and work history were not put to him either. As the applicant was denied an opportunity to respond to these crucial issues, the decision was found to be unfair and the decision was overturned. As a result, the applicant will get a second chance to pursue his SUBC application! Our congratulations to all those involved.