Our Recent Immigration Success Stories

A Successful Medical Inadmissibility Case for Permanent Residence: Hemophilia

We had been representing a family on a permanent residence application, based on a provincial nomination. The application was stalled and in jeopardy of being refused because one of the dependent applicants had a medical condition, hemophilia.

Working with the family and medical professionals for a number of months, we were able to advocate on the family’s behalf and classify the individual’s personal circumstances of hemophilia, bringing the costs of the individual’s care in Canada well under the threshold, considering ongoing treatment as well as the risk for creating any excessive demand in the period under consideration for the coming 5 years.

We are very pleased that it was successful, and the family recently received their confirmation of permanent residence.

Successful RAD appeal

We recently represented a client whose refugee claim was refused and the client retained our office to appeal the negative decision to the Refugee Appeal Division (RAD). Further to our thorough and extensive review of the appellant’s documents presented in support of their refugee claim and transcript of the hearing, we were able to show that the Member of the Refugee Protection Division (RPD) made a number of errors in their assessment of evidence, misconstrued the Appellant’s testimony and failed to properly apply Chairperson Guidelines. We argued that the Appellant does in fact fall under the definition of Convention Refugee or a Person in Need of Protection based on their personal profile. We were very happy to learn that the RAD Member agreed with our arguments, found the Appellant to be a person in need of protection, and overturned the decision of the RPD Member.

Settlement at the Federal Court

Our office was approached by a client after their temporary resident visa (TRV) had been refused. They were hoping to challenge the decision to the Federal Court of Canada, as they felt that their TRV application was strong and covered the issues mentioned in the refusal letter. We assisted our client in filing an Application for Leave and for Judicial Review (AFLJR) to challenge the TRV refusal, and upon receiving the notes, it became apparent that the Officer who assessed the application missed key evidence and conducted a generic assessment.

With this in mind, we carefully crafted our legal arguments to explain the gaps in the decision-making process and findings, in addition to conducting legal research to support our position. Thankfully, after our arguments were filed, the Department of Justice (DOJ) agreed that our client’s case at the Federal Court was strong, and offered settlement! After discussing options with our client, the offer was accepted and the refusal of our client’s TRV application is being set aside for the application to be redetermined by a different Officer. We are thrilled to have been able to assist our client in achieving this excellent result, and wish them all the best!

Overcoming Medical Inadmissibility: A Triumph in Immigration

A client diagnosed with polycystic kidney disease since childhood faced refusal of their permanent residence application because the anticipated cost during the period under consideration by Immigration, Refugees & Citizenship Canada (IRCC) was up to $535,000. IRCC was concerned that the client would need renal treatment with dialysis and/or a kidney transplant. IRCC’s concerns in this instance were well-founded as the client had advanced to kidney failure, requiring both short-term dialysis and a transplant. Following months of planning and consultations with the client, medical specialists, and Canadian provincial authorities, a Mitigation Plan was developed, placing the client under the threshold in IRCC’s period under consideration. Following examination of the plan, we are pleased to report that the client was downgraded from an M5 applicant to an M3 applicant, and the medical admissibility assessment was passed. The clients now look forward to a long and prosperous future here in Canada