Our Recent Immigration Success Stories

Judicial Review of Work Permit Refusal Allowed

Our client retained us following the refusal of his application for a work permit based on a finding of inadmissibility due to misrepresentation. We challenged the decision to the Federal Court of Canada, where Leave was granted, and the matter proceeded to a Judicial Review hearing.

At the hearing, we argued that the refusal was both procedurally unfair and unreasonable. The Application for Judicial Review was allowed, and the Officer’s decision was set aside. Our client’s application for a work permit will be remitted back to another Officer for redetermination where he will be allowed to provide additional evidence and legal submissions. We are thrilled with this result and wish our client the best!

Success at the Federal Court Leads to Approval for Canadian Permanent Residence

Our office was initially retained to assist our client with respect to the refusal of his permanent residence application on Humanitarian and Compassionate grounds (H&C).  We challenged the decision to the Federal Court, which upon Judicial Review was granted. Accordingly, his H&C application was remitted back to a new immigration officer for redetermination. He was also given the opportunity to provide additional documents and legal submissions in support of his application. 

Once his H&C application was re-opened, we assisted our client by providing guidance on documents and legal and factual arguments that could further demonstrate that he was a good candidate for permanent residence and did research into the hardship he would face should he be removed to his country of birth. Following the submission, we received an email from Immigration, Refugees and Citizenship Canada (“IRCC”) confirming that our client’s application for permanent residence was approved.  

We were thrilled and could not be happier for our client, who can remain in Canada and continue to build his future here. To learn more about humanitarian and compassionate grounds application or to assist with your application contact us today!    

Medical Inadmissibility Successfully Challenged despite Prognosis for Dialysis

We assisted a family last year on a medical admissibility matter. IRCC had identified their concerns in a Procedural Fairness Letter that the treatment the applicant was anticipated to require would place an excessive demand on Canada’s free health resources. In this particular case, the individual’s circumstances did in fact involve a long-term prognosis for renal replacement therapy (dialysis), determined to be inevitable in the coming years. As such, we got to work on preparing and presenting a reasonable and credible plan for care in Canada, demonstrating the family’s intent and ability to follow the plan, relying on the leading case we had worked on many years ago, Hilewitz, which determined what matters is not whether the individual will actually use the services, but, rather, whether the medical condition makes it likely he will require or use them. The plan considered the applicant’s medical as well as non-medical factors, identified and priced out the health services that would be used in the province of settlement, and the choice for conservative management for palliative care. The response to the Procedural Fairness Letter also included detailed H&C considerations.

We were extremely pleased when the applicant and his family recently learned that he was determined to be medically admissible – another success!

Judicial Review Allowed

Our client retained us following the refusal of her study permit application. The Decision was unreasonable and as such, we challenged the decision to the Federal Court of Canada. Following the submission of written pleadings by both parties, Leave was granted and the matter proceeded to a Judicial Review hearing.  

At the hearing, we presented compelling arguments and shortly after, the Application for Judicial Review was allowed. The Judge set aside the refusal and now, our client’s application for a study permit will be remitted back to another Officer for redetermination where she will be allowed to provide additional evidence and legal submissions. We are very pleased we could achieve such a wonderful result for our client and wish her all the best with her goal of studying in Canada.