June 30, 2023

Judicial Review of Work Permit Application Allowed

Our client retained us following the refusal of his application for permanent residence under the Family class finding him inadmissible pursuant to paragraph 34(1)(f) of the Immigration and Refugee Protection Act. We challenged the decision to the Federal Court of Canada, where Leave was granted, and the matter proceeded to a Judicial Review hearing. 

Following the grant of Leave and in preparation for the hearing, we undertook an extensive review of the record and conducted additional case law research. At the hearing, we argued that the refusal was both unreasonable and procedurally unfair.  

We were thrilled to learn the Application for Judicial Review was allowed and the Officer’s decision was set aside. Our client’s application for permanent residence 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 all the best in his journey to becoming a Permanent Resident of Canada!