This Month’s Featured Success Stories!
Posted by: Alissa Mancuso
Bellissimo Law Group has the privilege of working on behalf of many wonderful people, companies, and associations.
Our clients often tell us after their case was concluded that it would have been helpful to read about stories similar to theirs. So, here are this month’s featured success stories!
Refugee Claim Accepted for Sick Child
A child became critically ill while visiting Canada with her parents. Upon seeking medical care, efforts were made by Canadian doctors to transfer her back to her home country for continued care. During these investigations, the family learned that the child would not receive necessary medical care in her country and would not survive. Not knowing what else to do, the family asked for Canada’s protection.
We were able to establish that her home country regularly provides medical care to people with her condition – so long as they are adults. Medical care is not provided to children with her condition because the doctors and medical system in her country are not able to provide the support required to children. The Refugee Protection Division accepted our argument, that her home country was able to provide the required medical care but chose not to provide this care to children, discriminating against children on the basis of their age. This child and her parents have been granted protection in Canada, where the child is already under the required pediatric care.
Family Reunited After Medical Inadmissibility Obstacle!
We represented a family who sponsored their parents to permanently reunite in Canada. Citizenship and Immigration Canada was of the opinion that one of the Applicants was medically inadmissible. Their findings were incorrect, and only after a difficult battle and the presentation of two separate Mitigation Plans providing evidence that no excessive demand would result in Canada, the family will finally be reunited in Canada after 7 long years.
A Long Path to Permanent Residence
In 2009 we were retained to assist a young man with his refugee claim. He was in an interfaith marriage, and feared that he would be returned to his home country. The Canada Border Services Agency (CBSA) was involved in the refugee hearing, as there were also security concerns. In 2011, following interviews with the CBSA and the Canadian Security Intelligence Service, he was granted status as a Convention Refugee. Now safe from being returned to his country, the assessment of permanent residence began.
While on a road trip with friends in Canada, this refugee was arrested for theft together with his friends in 2012. While waiting in the car, a friend stole some items from a store in another province. We updated Citizenship and Immigration Canada (CIC), and advised that these charges would delay his permanent residence. A criminal lawyer was required, and in 2013 the criminal charges were withdrawn. We again updated CIC and waited for his application to be processed. By the end of 2014, there was no progress. We commenced an application for mandamus – demanding that CIC process his application for permanent residence – with the Federal Court of Canada in 2015. We filed arguments demonstrating that, even with the delay in processing caused by the criminal charges, CIC was taking too long. Before the Court proceedings were concluded, our client was invited to become a permanent resident of Canada.