Our Recent Immigration Success Stories

Four Temporary Resident Visa Refusals and Two Misrepresentation Findings Overturned

We were recently successful in Federal Court in overturning four Temporary Resident Visa refusals and findings of misrepresentation made against a husband and wife who had a lengthy positive immigration history in Canada.

The couple was seeking to return to Canada, where they held valid temporary study and work permits. They submitted initial TRV applications to the Visa Office, but neglected to mention on their application forms that they had been refused Canadian visas in the past, leading a Visa Officer to believe that they had purposely misrepresented their immigration history. The couple responded to a procedural fairness letter explaining that any omissions were unintentional and invited the Visa Office to verify whether the information they had provided was correct. While awaiting a final decision from one Visa Office, the couple flew to another country to visit a sick relative. While there, they submitted new TRV applications indicating that they needed to urgently return to Canada.

All four applications were refused, with the first Visa Office finding the applicants inadmissible to Canada for five years for having misrepresented their immigration history. The Visa Office also alleged that the couple was trying to circumvent this misrepresentation finding by submitting new TRV applications while their initial applications were still in process. The other Visa Office refusals also alleged that the female applicant had contravened conditions of her study permit. These refusals were devastating for the couple, who had lived in Canada since 2006 and were awaiting a decision on their permanent residence application.

All four decisions were challenged in Federal Court, and after complex written pleadings and a lengthy hearing, we were successful in overturning all four refusals and the misrepresentation findings were set aside. The family will now have the opportunity to obtain their TRVs, return to Canada, and pursue their application for permanent residence.

Client Granted Authorization to Return to Canada to Visit Relatives

Our office was approached by a client who was seeking our assistance to return to Canada. In the late 80s he arrived to Canada and submitted a refugee claim.  Unfortunately, his claim was refused and an exclusion order was issued against him. Unintentionally he failed to notify Immigration, Refugees and Citizenship Canada (IRCC)/Canadian Border Services Agency (CBSA) when he departed from Canada and as a result his departure was not formally executed at that time.

Years later he tried to enter Canada to visit his relatives, and only at that time he learned from CBSA officials that there was a pending immigration warrant for him and an unexecuted deportation order remained outstanding against him.

We worked diligently to complete and submit his application for Authorization to Return to Canada (ARC), in order to facilitate his travels to visit relatives in Canada. Despite some difficulties in obtaining documents confirming his departure, our submissions were accepted. His application was approved within six months.

Parental Sponsorship Granted After Medical Inadmissibility Finding Was Overturned!

We represented a family in seeking to overcome a medical inadmissibility finding for a sponsored parent, having sought an early resolution with Counsel for the Minister of Immigration, Refugees and Citizenship Canada. This was successful without having to wait for, and advance to a full hearing, which can take years. This was all the more important as the sponsorship application had originally been filed nearly 10 years ago. We worked together with the family providing guidance in securing necessary medical records and made submissions to the Minister’s Counsel seeking to have the Embassy Officers review their refusal. This was successful and the Embassy withdrew their original admissibility finding, overturned the refusal, and the applicant recently received her visa to travel and settle in Canada.

Permanent Residence Application Refusal for Medical Inadmissibility Re-Opened

A family whose permanent residence application was refused for the second time last year on grounds of medical inadmissibility retained our office to assist with challenging the decision. Extensive submissions were made detailing the errors in the submissions. The application was successfully sent back for re-determination with the client having an opportunity to provide additional evidence, and will now be decided by a senior officer.