June 10, 2015

This Week’s Featured Success Story!

At Bellissimo Law Group we are privileged to work on behalf of many wonderful people, companies and associations. We represent people from the application stage to the Supreme Court of Canada. Every week we will be featuring a success story to offer some comfort to those who will soon embark on a similar journey …

IAD Determines it has Jurisdiction over ARC refusals

A mother applied to sponsor her son to Canada, while the son was in Canada as a failed refugee. In order to complete processing on the overseas sponsorship application, the son had to leave Canada. As a failed refugee, he left Canada with a Deportation Order and so required Authorisation to Return to Canada (ARC). The Visa Office refused ARC, finding that he had taken advantage of Canadian tax payers by making a ‘spurious’ refugee claim and later a Pre-Removal Risk Assessment application, and so refused his application for permanent residence.

The mother appealed this decision to the Immigration Appeal Division (IAD). During the hearing, submissions were specifically requested to address the jurisdiction of the IAD to consider ARC refusal. The Board Member determined that the IAD not only has jurisdiction to consider ARC refusal, but to consider humanitarian and compassionate considerations to override ARC refusal. In considering the family’s circumstances, the Board Member allowed the appeal.