Our Recent Immigration Success Stories

Federal Court Sets Aside Unlawful PR Refusal

We are delighted to share a significant victory for our client, who faced the unjust refusal of their permanent residency application under the Home Support Worker Pilot.

Our client came to us after IRCC rejected their application, claiming they did not meet the program’s education requirements. The key issue was whether our client’s foreign educational credentials, specifically their Doctor of Dental Medicine degree from their home country, met the program’s requirement that foreign credentials must be equivalent to a completed one-year Canadian post-secondary credential.

As part of their application, our client submitted an Educational Credential Assessment (ECA) report from World Education Services (WES), a designated assessment agency. The report evaluated their degree and stated that it represented four years of professional study in dentistry but did not indicate whether it was comparable to a completed Canadian education credential. Despite this, the immigration officer rejected the application, incorrectly stating that the ECA report had determined the degree was “not comparable” to a Canadian credential.

Our team challenged this decision in Federal Court, arguing that the officer’s decision was flawed and unreasonable, based on a misinterpretation of the WES assessment. We cited previous case law where similar errors had led to successful judicial reviews.

The judge agreed and ordered that the refusal be set aside. Our client’s application will now return to IRCC for a fresh review by a different officer, giving them a renewed opportunity to achieve permanent residency.

We are proud to advocate for those facing unfair immigration decisions and remain committed to ensuring that applicants receive a fair and just review of their cases.

Bridging the Labour Gap: LMIA Approved for Skilled Cooks

A thriving local restaurant specializing in authentic Mexican cuisine approached our firm for guidance on hiring foreign workers due to the ongoing shortage of qualified cooks in Canada. With two established locations and plans for further expansion, the restaurant had made continuous efforts to recruit and retain local talent but faced persistent challenges in finding skilled culinary professionals.

After a thorough assessment of the business needs and exploring various immigration options with our lawyer, the employer decided to apply for a Labour Market Impact Assessment (LMIA) to hire three foreign cooks. Our legal team worked closely with the employer, ensuring that every aspect of the application was meticulously prepared to meet the requirements.

Although LMIA processing times can be lengthy, the application was successfully approved, paving the way for the restaurant to welcome skilled cooks and continue offering authentic Mexican cuisine to its growing customer base. We are thrilled to have achieved this positive outcome, helping our client address labour shortages and expand their business with the right talent.

Federal Court Overturns Decision to Revoke Family’s Refugee Status

We are very pleased to share a significant victory for our clients—a family at risk of losing their refugee status due to an allegation of misrepresentation. Despite an initial decision by the Refugee Protection Division (RPD) to vacate their status, we successfully challenged the ruling at the Federal Court, ensuring our clients retain their protection while awaiting a fair hearing.

The Minister had applied to vacate their refugee status, leading to a hearing before the RPD. However, we identified serious flaws in the decision. Most notably, the Member failed to properly assess whether sufficient evidence existed at the time of their original refugee claim to justify protection—an essential requirement under section 109(2) of the Immigration and Refugee Protection Act (IRPA). Our team meticulously prepared and filed extensive legal arguments with the Federal Court to challenge this unfair decision.

Recognizing the strength of our case, the Department of Justice agreed to settle early in the court process. As a result, the decision to revoke our clients’ refugee status has been set aside, and they will have a new hearing before a different Member. This means they continue to hold their refugee status and will have another opportunity to present their case fairly.

This outcome is a huge relief for our clients, who now have a fresh chance to maintain their protection in Canada. We remain committed to fighting for those facing unjust decisions and ensuring that every refugee claimant receives a fair and just process.

A Family’s Success Story: Canadian Citizenship Secured

Our clients approached us seeking Citizenship Certificates for their two children. Both parents are Canadian citizens by birth but moved to the United States in their 30s, where they started their family. The parents both held Canadian Citizenship at the time of their children’s births.

After reviewing their case, we determined that both children met the requirements under section 3(1)(b) of the Citizenship Act. We promptly prepared and submitted their applications along with supporting documents for review.

We filed the applications with Immigration, Refugees and Citizenship Canada and received a swift, favorable response. Both children were granted Canadian citizenship and are now proud dual citizens of Canada and the United States.

We congratulate our clients on this positive outcome and wish them the best as they embark on this new chapter with their Canadian citizenship.