January 18, 2023

This Week’s Success Story: Humanitarian and Compassionate Arguments Overcomes Challenging Inadmissibility and Leads to Successful PR!

A young family entered Canada nearly 5 years ago and made a refugee claim fleeing their country of nationality seeking refuge from threats and risks born from a secret society/cult. Despite the continuing dangers, their refugee claim was rejected. Seeking to protect themselves and primarily their young child, they appealed the decision to the Refugee Appeal Division, which was still unsuccessful, so then turned to the Federal Court, which application was also dismissed. Desperate, they applied for permanent residence under an H&C application. The families’ circumstances were examined, and they received an approval in principle – first stage approval, an exemption. However, then, they faced a finding of inadmissibility for medical inadmissibility.

In the time they were in Canada they had another child whose circumstances needed to be considered. We worked with the family and the medical professionals involved in the family member’s care, determining that the anticipated costs were in fact over the 5-year threshold as suggested, although advocated that the overage was not excessive providing proof, and also argued that when also considering the family’s collective circumstances, if needed, any further exemption should be granted. We got to work on presenting both a plan for continued care in Canada and the negative effects that would befall the entire family, which included two young children if the application was refused for medical inadmissibility. When Immigration, Refugees and Citizenship Canada (IRCC) examined both their medical and non-medical factors, their application was finally approved, allowing the family to remain together, safe in Canada.