January 18, 2017
Refused Live-In Caregiver Permanent Residency Application Successfully Challenged in Federal Court!
On behalf of the Applicant we argued that she was unrepresented throughout the application process and Citizenship and Immigration Canada (CIC) conceded in the file notes that inconsistent and unclear requests were made of the Applicant with respect to additional information regarding her husband, one of her overseas dependent. Strikingly though, despite not explaining to the Applicant why the information she provided was insufficient, what steps she had to follow and the consequences of a refusal for non compliance, the Respondent summarily refused the application and we argued this was a breach of procedural fairness. The application included the Applicants two children and had taken years to process. She endured a six year separation from her children while she pursued Canadian status. We also submitted to the Court that live- in caregiver (LIC) applicants are often vulnerable, have little means and have made an important contribution through their work and that the goal of the LIC program is to facilitate the attainment of permanent residence status.
The Federal Court agreed that the goal of the LIC program is to facilitate the attainment of permanent residence status and recognized the valuable services LICs provide. In finding that the Applicant’s procedural rights were breached the matter was sent back to be re-determined. We are delighted by the outcome and hope to see the Applicant and her family reunited soon.