March 22, 2024

Successful Appeal: Retaining Permanent Resident Status in Canada

We have recently been successful in the appeal against the removal order issued by the Immigration Division for misrepresentation. The Immigration Division determined that our client had misrepresented his marital status at the time of his landing in Canada (i.e., failed to inform the CBSA that his relationship with his spouse fell apart before his arrival in Canada). However, we were able to present evidence that, in fact, our client’s marriage at the time of landing was intact and ongoing, and it was only after the couple resided together in Canada for a period of time that their relationship broke down. Not only did we vigorously argue that our client did not misrepresent his marital status when he became a permanent resident of Canada, but we also sought relief on humanitarian and compassionate grounds should the Member still determine that our client had misrepresented. We were extremely happy to learn that the appeal was allowed on both grounds: the IAD determined that our client did not misrepresent his marital status at the time of landing, and that in any case, there were sufficient humanitarian and compassionate considerations to grant the appeal. We are very excited that our client was able to retain his permanent resident status in Canada and continue his life here.