April 18, 2021

This Week’s Success Story: Another Federal Court Settlement!

A client approached our office after having received a refusal for his work permit. His wife’s accompanying work permit was also refused as a result. The refusal was frustrating as it was apparent the client met the requirements of the job offered in Canada as evidenced by having received a positive labour market impact assessment (“LMIA”) and upon review of his qualifications.

We assisted our clients in challenging the work permit refusal to the Federal Court. After receiving the reasons, it became clear the Officer had made veiled credibility findings concerning the evidence provided by the client. After carefully drafting legal arguments supported by legal research, which explained why the refusal decision was unreasonable based upon a review of the evidence provided in the work permit application, and highlighting the credibility findings of which the client was not advised before the work permit was refused, the Federal Court granted leave and set a date for a hearing.

Thankfully, before the hearing, we were happy to receive an offer from IRCC to re-open the work permit applications to be reconsidered by a new Officer! We are thrilled with the results, and wish our clients the best.