Another Success: H&C Application Refusal Set Aside by the IRCC

I overturned a negative decision on my client’s permanent residency (PR) application under Humanitarian & Compassionate grounds (H&C).

In less than three days after the IRCC reviewed my legal submission challenging the refusal grounds, IRCC set aside the initial refusal, and approved our client’s H&C application in record time.

The Strategies

After thoroughly reviewing the case file, and the Officer’s notes for the decision, I crafted legal arguments to explain why the Officer’s reasoning was in error and inconsistent with the law, including that the evidence used to support the decision was lack of credibility, the use of “Absence of Evidence to the Contrary” rule was inappropriate, etc.

After reviewing my written submissions, the IRCC Humanitarian Migration office accepted my arguments and agreed to set the refusal of my client’s H&C application aside. The IRCC also made a positive decision right on the spot (without referring it to a different officer for re-processing).
 
Case Background

Mr. K sought for my advice after he received a refusal on his second H&C application. The first one was also refused based on the grounds of insufficient humanitarian & compassionate factors.

The ChallengePrior to these refusals, the client,
·      Had withdrawn a P.R. application under sponsorship due to change of marital status,
·      remained in Canada without legal immigration status for 11 years,
·      worked and studied in Canada without authorization,
·      has no significant family ties in Canada (no family member lives here)
·      came to Canada at age of 27 (socially and culturally rooted in home country, lack of social ties in Canada)
·      lack of proof of financial establishment
·      lack of stable employment history in Canada
 
Considerable Efforts Ensures Our Success

This is one of the hundreds of successful cases I have handled. As usual, considerable efforts were devoted in achieving successful outcome of this case, including numerous hours of legal research, and reading of legal doctrine, countless pages of draft written, many phone calls and emails were made for facts checking, and new evidence gathering.

I am glad to have been able to assist my client in achieving this positive result!