Readers may be aware of the many, many, many victories at the Immigration Appeal Division by Alastair Clarke and the team at Clarke Immigration Law. We get referrals from other lawyers based on our expertise on appeals. To be clear, these successes are a team effort, and winning appeals is no easy task. As I have been saying for +10 years, to win at the IAD, you need to prepare, prepare, prepare.
It gives me great pleasure to report another success. The basic facts of the case: our client attempted to sponsor her mother who has been residing in Iran. Her mother (the applicant) has various medical conditions which have been getting worse over the years. The IRCC Officer considered the sponsorship application and it was refused based on medical inadmissibility. On appeal, we did not challenge the legal validity of the decision; however, we submitted ~500 pages of evidence and legal arguments related to the Officer’s decision. We acknowledged to the IAD the mother’s medical conditions trigger section 38 of IRPA. Thankfully, we have done significant work to amend section 38 of IRPA and our past work has helped 1000s of people.
We won this appeal based on H&C factors. We were able to work with medical professionals and many members of the community to show the strong grounds for appeal. As noted by the IAD Member:
The Appellant had the burden of persuading me, with clear and convincing evidence, that, taking into account the best interests of any child directly affected by the decision, there are sufficient H&C considerations present to overcome the legal impediment. I determine on a balance of probabilities, that the Appellant has met the burden of proof.
Congratulations to this family! This victory means that a family will be reunited in Canada.
Currently, the IAD decision has not yet been publicly reported. Therefore, we have redacted our client’s name and other identifying information. In the future, if this decision is published, we may provide a link for the full decision.
For lawyers who are reading this post, it is very important, particularly with appeals, that counsel present themselves as the most reasonable person in the room. In my experience, that is good advocacy. I have published a lengthy post with tips on sponsorship appeals.