Our Recent Immigration Success Stories

Overcoming Residency Challenges: PRTD Approved in Just One Week

Our client sought our assistance to return to Canada as a permanent resident, despite having zero days of physical presence in Canada within the relevant 5-year period. In fact, she had only briefly landed in Canada when she was initially granted PR seven years ago. After a careful assessment of her circumstances, we advised her to apply for a Permanent Resident Travel Document (PRTD) on humanitarian and compassionate (H&C) grounds.

Given the significant breach of the residency obligation, our team went beyond the standard forms and documents by providing extensive evidence and preparing detailed legal submissions. We demonstrated that our client faced circumstances beyond her control, preventing her from returning to Canada in a timely manner, although she always intended to do so. We highlighted that she had taken all possible steps to return to Canada at the earliest opportunity.

To our delight, the PRTD was approved in just one week. We are pleased to have helped our client achieve such a great outcome and wish her all the best in her journey ahead.

 

Reuniting in Record Time: Spousal Sponsorship Approved in 4 Months

We were retained by a newlywed couple in an arranged marriage to assist with an Overseas Spousal Sponsorship application. After a thorough consultation, our legal team provided the couple with a detailed list of documents needed to demonstrate the genuineness of their marriage. We meticulously prepared the application package, ensuring that every form was accurately completed, and all necessary documents were included. Additionally, we crafted comprehensive legal submissions to strengthen the application. Although certain documents took time to obtain or required updating, our careful preparation paid off. With the average processing time of nearly 10 months, this application was approved in just 4 months, without any request for additional documentation. We are delighted that we were able to assist our client in reunite with her spouse in Canada and we wish them all the best! 

Federal Court Overrules Misjudged H&C Decision, Paving Way for Child’s Canadian Sponsorship

Our client came to us after their family sponsorship application for their young child under Humanitarian & Compassionate (H&C) grounds was refused. We reviewed the case and identified various issues, including a critical problem with the officer’s assessment of the evidence provided by our client. The officer’s decision was not only unreasonable but also mischaracterized the evidence that was provided. Despite the arguments our client made explaining why it was in the child’s best interests to come to Canada, the officer mischaracterized the evidence to argue instead that being in Canada was not necessary. In reaching this conclusion, the officer engaged in circular reasoning and did not properly apply the test for assessing the best interests of the child.

Recognizing the flaws in the decision, our legal team took the case to the Federal Court. We argued that the officer’s decision was internally inconsistent and failed to reasonably assess the H&C factors, particularly concerning the best interests of the child. The Federal Court agreed with our arguments, finding the officer’s decision to be unreasonable due to their failure to properly assess the child’s circumstances, as well as the mischaracterization of critical evidence.

As a result, the court set aside the refusal and returned the application to Immigration, Refugees and Citizenship Canada (IRCC) for redetermination. This victory is a testament to our dedication to ensuring that immigration decisions are made fairly and reasonably. We are pleased to have been able to help our client move one step closer to reuniting with their child in Canada.

Federal Court Overturns Unjust Refusal of Self-Employed Applicant’s Application

Our client was refused permanent residence under the self-employed persons class after the officer concluded that our client lacked the relevant experience to be self-employed in Canada, despite extensive evidence showing they had been self-employed for more than the required time. Further complicating matters, the officer conducted a web search and determined that our client’s company in Canada was not operating, despite evidence to the contrary provided by our client with their application. The officer relied on these extrinsic resources in making their decision to refuse the application, but the web search results were neither disclosed to our client nor was our client given an opportunity to respond.

Recognizing a breach of procedural fairness, our legal team took the case to the Federal Court. We argued that the officer’s reliance on undisclosed extrinsic resources resulted in an unfair and unreasonable decision. The court agreed, highlighting that officers cannot use external sources to question an applicant’s credibility without first disclosing those sources and providing an opportunity for the applicant to respond.

As a result, the Federal Court decided in our client’s favor, and the application has been sent back to IRCC for redetermination. We wish our client continued success as they move forward in their journey to settle permanently in Canada!