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September 30, 2024

PR Application Reconsidered After Overcoming Criminality Challenges

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Posted by admin - Bellissimo Law Group PC

Our client came to us after their application for permanent residence (PR) was refused on the grounds of serious criminality. The visa officer’s refusal was based on a prior finding of inadmissibility in another country due to misrepresentation, even though this issue was later found to be an error and the misrepresentation finding was removed.

Upon reviewing the case, we identified several issues, including the visa officer’s mistaken equating of the foreign inadmissibility with a criminal offense under the Canadian Criminal Code, which was not the correct equivalence. This misinterpretation played a significant role in the refusal decision.

Recognizing these clear issues, we filed an Application for Leave and for Judicial Review with the Federal Court. Our legal team presented strong arguments that highlighted the flaws in the officer’s reasoning. Shortly after submitting our arguments, the Respondent proposed a settlement, indirectly acknowledging the errors in the decision.

As a result, the serious criminality finding has been removed, and the PR application has been sent back to IRCC for reconsideration by a different visa officer. We congratulate our client on this positive outcome and wish them the best as they continue their journey toward permanent residence in Canada.