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Succès : Demande d’asile acceptée – l’article 1F(a)

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Le parcours de notre client illustre à quel point une vie peut basculer en quelques semaines, et comment un dossier bien préparé peut faire toute la différence. Ce demandeur, ancien lieutenant technicien au sein des forces aériennes, a été placé au cœur d’un conflit de pouvoir qui aurait pu lui coûter la vie.

Grâce à une préparation rigoureuse et à la présentation structurée des faits et des preuves, la Section de la protection des réfugiés a rendu une décision positive en 2025.

Un militaire pris malgré lui dans un conflit dangereux.

À son arrivée dans les forces aériennes, notre client occupait un poste strictement technique. Il assurait l’entretien d’aéronefs utilisés par l’armée. Son service a été relativement court et ne comportait aucune participation à des opérations offensives ou à des actes contraires au droit international. Ses activités militaires ont soulevé une question complexe au sens de l’article 1F et ont ajouté une difficulté supplémentaire à sa demande d’asile.

Sa vie a basculé lorsqu’un membre de sa famille a été agressé par un officier étroitement lié au régime en place. Lorsque la famille a exigé justice, cet officier a été brièvement arrêté, mais libéré rapidement et blanchi de toute accusation.

MENACES DE MORT ET FUITE HORS DU PAYS

En tentant de rassembler des documents pour appuyer une procédure devant la cour martiale, notre client est devenu une cible directe. L’officier impliqué dans l’agression lui a adressé des menaces de mort explicites.

Ne pouvant compter ni sur la protection de son unité ni sur des autorités compromises, il a dû se cacher, changer de lieux fréquemment, puis organiser son départ du pays grâce à des contacts de confiance au sein de l’armée.

Dès son arrivée au Canada, il a présenté une demande d’asile.

ALLÉGATION D’EXCLUSION 1F(A) – UNE ANALYSE MINUTIEUSE

Ce dossier comportait une complexité importante : une possible exclusion en vertu de l’article 1F(a) de la Convention, disposition qui peut empêcher la reconnaissance du statut de réfugié en cas de participation à des crimes internationaux.

Après  examen approfondi, la Section de la protection des réfugiés a conclu qu’aucun élément ne démontrait que notre client avait participé, directement ou indirectement, à des actes répréhensibles.

Les facteurs déterminants :D’EXCLUSION 1F(A)

Rôle strictement technique dans l’entretien des avions, absence d’autorité décisionnelle, service de courte durée, absence de participation ou de contribution significative à des opérations pouvant contrevenir au droit international

Cette analyse a permis d’écarter toute possibilité d’exclusion.

NOTRE INTERVENTION & SÉQUENCE DES ÉVÈNEMENTS :

Notre cabinet a travaillé étroitement avec le client pendant plusieurs mois afin de :

  • Organiser une version détaillée, cohérente et chronologique des événements
  • Recueillir et présenter des pièces justificatives cruciales
  • Obtenir des lettres de soutien confirmant les faits et le contexte familial
  • Démontrer la cohérence globale du récit et la crédibilité du demandeur
  • Les documents liés à l’incident familial, les menaces reçues, ainsi que les explications relatives à ses fonctions militaires ont été essentiels pour établir le risque réel et personnel en cas de retour.

Voici un résumé des principaux événements qui ont abouti à une décision positive :

2023/SEPT – Le client entre au Canada et dépose immédiatement sa demande d’asile.

2023/OCT– Premier contact avec notre client pour une consultation

2023/NOV– Notre client a retenu nos services et l’équipe CIL a commencé à travailler étroitement avec lui afin de réunir tous les documents et éléments de preuve nécessaires pour constituer un dossier solide pour sa demande d’asile.

2023/ 2024/2025 – Collaborer avec le client pour obtenir, rédiger et envoyer les épreuves. Soumission du dossier avec preuves et lettres de support.

2025/OCT – Audience

2025/OCT – Décision positive.

Nous sommes heureux d’avoir obtenu une issue favorable pour ce demandeur et de lui avoir permis d’avancer vers une vie plus sécurisée.

* Cet article a été écrit par Ghislene Mezili. Bon travail !

 

 

Success: Visitor Record (Dual Intent) @ USA Border

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Visitor Record @ USA Border

We are pleased to share a recent success story involving a U.S. citizen who was admitted to Canada on September 29, 2025, and issued a Visitor Record under the principle of dual intent.

The client traveled to Manitoba to reunite with her Canadian fiancé, following over three years of living together in the United States. Although the couple had submitted a Spousal Sponsorship application (Regular stream) in June 2025; however, IRCC returned the application due to missing documentation. No applicant wants to see their application returned; however, a “returned” application is much less serious than a “refused” application. In this case, when the application was returned, the couple only saw this as a minor setback that added complexity to their move to Canada. It was also an eye-opening experience that motivated them to find professional help.

The couple contacted our firm and we helped them fix the situation. We worked with the couple and put together a beautiful package for the Officer at the border. She demonstrated that she had a genuine, temporary purpose of travel, along with strong ties to the U.S. and a solid history of compliance with immigration rules. At the same time, using the Dual Intent provisions per Canadian law, she was forthcoming with her future intent to submit a PR application. Our legal arguments, of course, were accepted by the Officer.

This outcome reinforces that even amid heightened scrutiny at the border, dual intent continues to be a successful pathway when clearly presented and properly supported.

Timeline of Key Events

  • 2022 – 2025: Client and her fiancé started cohabiting.
  • June 2025: Submitted an outside-Canada spousal sponsorship application, which was returned.
  • August 2025: Fiancé returned to Manitoba for work.
  • September 4, 2025: Client contacted CIL for help.
  • September 16, 2025: Client retained our service – Team at CIL worked with client and her fiancé (sponsor).
  • September 29, 2025: Client successfully entered Canada and was issued a Visitor Record.

Although client had never been denied entry, the case still required careful attention. Her intention to eventually apply for permanent residence could have been misinterpreted at the border without the right documentation and legal framing.

Key factors that contributed to this success:

  • A clear and credible plan for temporary stay with demonstrated ties to the U.S;
  • A genuine purpose of visit supported by evidence; and,
  • Advance preparation under the dual intent framework, ensuring transparency and compliance.

Her case reminds us that even without prior refusals, a proactive and well-informed immigration strategy is essential when long-term plans include applying for permanent residence. We are proud to have supported this couple in taking the next step toward building a life together in Canada.

Every case is unique. Whether you are preparing for a first-time visit, or reapplying after a refusal, we are here to help you navigate the complexities of Canadian immigration law with clarity and confidence.

 

 

 

Success: Study Permit & Restoration (Minor)

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At Clarke Immigration Law, we are proud to help families from around the world secure access to education for their children in Canada. In this recent case, we assisted a young international student whose study permit had expired after a previous application was refused due to missing documentation.

The student, a minor residing in Manitoba with close family members, faced a looming school deadline and uncertain immigration status. With time running out, her family turned to our office for urgent assistance. We quickly stepped in to prepare a comprehensive restoration and study permit application, requesting expedited processing.

Thanks to the efforts of our legal team and the strength of the submission, IRCC approved the application within weeks – just in time for the student to return to school for the September 2025 term.

Timeline of Key Events

  • 26 February 2025 – Previous Study Permit Extension refused (missing Custodianship Declaration)
  • 1 May 2025 – Study Permit expired; 90-day restoration period triggered
  • 2 June 2025 – Retained Clarke Immigration Law and submitted urgent request with restoration + new Study Permit application
  • 16 July 2025 – Application submitted through APR
  • 19 August 2025 – Study Permit approved.

How We Helped

  • Identified the critical issue in the prior refusal: missing custodianship documentation
  • Drafted a comprehensive explanation supported by the student’s family.
  • Ensured compliance with IRCC regulations for minor students.
  • Ensured the application clearly demonstrated that the minor’s care, living arrangements, and financial support met IRCC’s expectations, with special attention to the best interests and welfare of the child.
  • Considered the student’s upcoming academic term and the support from the educational institution as relevant context in the urgent request.
  • Delivered the complete application package within the tight restoration window.

This case reflects our ongoing commitment to providing timely, compassionate, and knowledgeable support – particularly in sensitive matters involving minor children. At Clarke Immigration Law, we are dedicated to helping ensure that all students in Canada, including minors, are able to continue their education with the appropriate legal status and peace of mind.

Succès : demande d’asile accueillie

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Notre cabinet aide de nombreux demandeurs d’asile. Nous prenons chaque dossier très au sérieux. Notre mission est de sauver des vies. Nombreux sont ceux qui font confiance à nos services et nous mettons tout en œuvre pour les aider.

Nous avons reçu une nouvelle décision positive : la demande d’asile de notre client a été acceptée. Excellente nouvelle !

 

Success: PGWP (Part time student)

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If you read this space, you know that we have helped 1000s of students in Canada. We help them come to Canada, extend their Study Permits, change DLIs, apply for PGWPs and help them get PR status. Every case is different. Today, we can share a difficult situation. Our client came to us after she graduated from her study program. She had multiple part-time academic semesters on her transcript. She had medical issues. She had gone through a difficult time being separated from her family in Bangladesh.

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Thankfully, after significant work, we were able to help our client get a 3 YEAR PGWP, and we are now helping her gain PR status in Canada. To be eligible for a Post-Graduation Work Permit (PGWP), students must complete an eligible program of at least eight months at a Designated Learning Institution (DLI), maintain full-time status throughout their studies (with limited exceptions), and apply within 180 days of receiving proof of completion. The permit is valid for up to three years and can be issued only once.

At Clarke Immigration Law, we are dedicated to providing professional and compassionate immigration assistance tailored to each client’s unique situation. Our work goes beyond preparing applications we strive to understand our clients’ personal journeys, identify challenges early, and find the most effective legal pathways available under Canadian immigration law. In 2024, our team handled a Post-Graduation Work Permit (PGWP) application for an int’l student whose academic history included several semesters of part-time study, presenting certain complexities under IRCC’s eligibility requirements. Through our careful preparation and advocacy, our team successfully helped the client obtain a PGWP. This case reflects our ongoing commitment to diligence, advocacy, and client-focused service in every matter we take on.

Here is a brief timeline of this PGWP application:

  • JUNE 2024 – Consultation;
  • JULY 2024 – Client retained CIL to prepare and submit PGWP application on client’s behalf;
  • JULY 2024 – Review full package, submitted PGWP application;
  • APRIL 2025 – PGWP Approved.

Our team carefully reviewed the client’s academic history and identified that several part-time semesters were the result of medical circumstances. We worked closely with the client to draft a clear and persuasive explanation outlining the reasons for the reduced course load, supported by appropriate documentation. We ensured that this explanation aligned with IRCC’s policies regarding exceptions to full-time study requirements. By presenting a well-structured submission that demonstrated the client’s genuine intent to study full-time and the legitimacy of their medical leave, we strengthened the application and helped the client obtain approval of their Post-Graduation Work Permit.

We have reported on many changes to the PGWP program over the years and it is very important to keep up to date. 

Success: Entering @ POE

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Crossing the USA/ Canada border may be very stressful. The laws and regulations at a POE are complex and Officers have broad discretionary powers. The current political environment and the hostility with American Officers has compounded the stress and anxiety.

CIL was retained by an American who was denied entry to Canada. He has a Canadian spouse. He tried to enter Canada to be with his family. He had a stressful experience at the POE and the CBSA Officer did not accept his reasons for entering Canada. He was denied his request to enter Canada as a Visitor and the CBSA Officer issued an Allowed to Leave (ATL).

After our client was issued the ATL by the CBSA Officer at the POE, he contacted our office and he retained our services. The team at CIL provided guidance on Canadian immigration laws, including the concept of Dual Intent. After significant work, our client was granted entry on July 18, 2025, and issued a six-month Visitor Record. Normally, individuals from visa-exempt countries do not require a Visitor Record. In this case, however, that was the solution.

This was a complex case requiring thorough preparation, legal submissions, and a clear explanation of the applicant’s genuine temporary intent alongside future plans for spousal sponsorship.

In June 2025, the client, who has strong ties to the U.S., attempted to enter Canada to reunite with his Canadian spouse. Unprepared for the border interview, he was unable to fully explain his intent and was issued an ATL by CBSA.

Recognizing the risks, he sought legal counsel. We advised him on the dual intent principle under the Immigration and Refugee Protection Act (IRPA), which allows a person to enter Canada temporarily while intending to apply for permanent residence.

With supporting documentation prepared and clear re-entry guidance provided, he returned to the border in July 2025 and was successfully admitted.

Brief timeline of events

  • Fall 2022 – 2025: The applicant maintained a committed relationship with their Canadian spouse, culminating in marriage in early 2025.
  • June 2025: Attempted to enter Canada at a port of entry but was denied entry and issued an “Allowed to Leave” (ATL) by CBSA.
  • Early July 2025: The client contacted CIL for assistance. Our team worked closely with both the applicant and sponsor to develop a re-entry plan and long-term immigration strategy based on the principle of dual intent.
  • July 18, 2025: The applicant successfully re-entered Canada and was issued a Visitor Record valid for six months.

This was not just a matter of reapplying, but it was about presenting the applicant’s case clearly, within the scope of Canadian immigration law, and ensuring CBSA had a full and accurate understanding of the situation.

Key elements that contributed to this outcome:

  • Clear demonstration of dual intent, in line with IRPA and updated policy guidance.
  • Strong supporting documentation, including evidence of ties to the U.S. and the genuine nature of the applicant’s relationship.
  • Proactive handling of the prior refusal, showing accountability and steps taken since.
  • Careful preparation for re-entry, including timing and presentation.

Every immigration case is unique. This one required clarity, persistence, and a well-prepared approach, and we are proud to see this family reunited in Canada.

 

 

Success: IAD Appeal

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Many IRCC websites point out that applicants are not required to hire an immigration lawyer to help them with their applications. This is 100% correct. Applicants who have the time and skills to complete the forms and compile the supporting documents and draft the letters of support and understand the potential issues and identity those issues before the Officer reviews their package and includes sufficient explanations to address all the potential concerns should not hire a lawyer. They should do their applications by themselves. For applicants who do not have the knowledge or experience to do this work, we recommend they find a professional. Unfortunately, IRCC guides are not clear. Instructions on the Government of Canada website do not address all the possible situations and it is very difficult for applicants to find answers. That leads to refusals.

In some cases, we can help the applicant appeal the IRCC refusal to the IAD (IRB). We love helping clients through the appeal process. When we meet people at this point, they are often going through significant stress. No one wants to get a refusal from IRCC. They have already spent significant time and energy to get to that point.

We give them a light at the end of the tunnel. Since 2007, Alastair Clarke has been helping clients get positive decisions from the IAD. Not every case has been successful; however, he has helped clients who have lost hope. He has helped clients who retained other lawyers who failed and he was able to reverse the decision to get a positive result. We love tough cases.

Today we can share a tough case. Our client tried to sponsor her mother through the P/GP Sponsorship Application. This was a messy situation involving issues of financing, Minimum Necessary Income (MNI), changes to the family size calculation and other issues. The family has gone through a lot over the past few years. They hired an immigration consultant who gave them bad advice. When they got the IRCC refusal, they were shocked and disappointed. Thankfully, we were able to help and fix the problems.

Here is a brief timeline of events:

  • 2010 – Parents separated
  • 2013 – Sponsor arrived to Canada
  • Parents unable to get divorced
  • 2018 – Increase in family size
  • Change in employment
  • Break in employment
  • Family issues
  • 2022 – Submitted P/GP Sponsorship application
  • 2024 – IRCC Refusal
  • 2024 – Client contacted CIL for help
  • 2024 – Team at CIL worked with Sponsor and applicants
  • 2025 – Negotiated with Minister’s Counsel
  • 2025 – Prepared package with supporting documents
  • 2025 – Positive decision from IAD
  • 2025 – Contacted Visa Office regarding positive decision and made request for EXPEDITED PROCESSING.

At this point, there is a good chance this family will be allowed to be permanently together in Canada. They have not yet passed the finish line and they are close. The issues have been resolved and they are back on track.

We love helping clients with IAD appeals. Ideally, the application would have been done properly at the beginning to avoid the appeal. We try to encourage people to hire professional help at the beginning. That saves time and money. More importantly, it can avoid the stress and anxiety.

Immigration is so important for many families. Getting a refusal from IRCC can be extremely frustrating and it can lead to significant health issues.

We do our best to guide our clients through all the steps and we hope for positive results, just like this IAD appeal.

Success: TRV (inside Canada)

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We know the Canadian immgration system can be complex and difficult to navigate. Last month, an int’l student came to our office. He has been studying in Canada for many years and he wants to spend time with his family at home. He is in Canada on a Study Permit. He applied for a Visitor Record so that he could leave Canada and come back to his studies. If you are familiar with our system, you will know that he applied for the wrong document. A Visitor Record does not give a FN the right to re-enter. He came to us for help and we helped with an expedited TRV application from inside Canada. It was approved and he can now go and visit his parents.

Here is a brief timeline of Emmanuel’s TRV  application:

  • MAR 2025              Prepared supplementary document checklist, collected and reviewed documents;
  • MAR 2025              Reviewed full package, submitted OWP application;
  • APR 2025.              TRV Approved.TRV inside Canada

TRV approved. We wish him safe travels!

 

 

Success: MPNP PFL re IES

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The MPNP program may be the best way of getting PR status in Canada. We have clients from around the world who come to Manitoba. We love helping our clients and we love helping local businesses. Winnipeg needs highly skilled workers in various categories and the program is regularly updating and changing. Through our MPNP Representative Portal, we are able to guide our clients through all the steps. If an MPNP Officer has a concern regarding an application, they must give the applicant a chance to respond to their concerns. In cases of misrepresentation, the application may be banned for 2 years (this is different from the federal ban of 5 years per A40 of IRPA). We have never had a client banned by MPNP.

In this case, our client applied to MPNP by himself. He graduated from a study program in Manitoba and he got a 1 year PGWP. If you have read our previous posts, you will know that we do not recommend short study programs. It can be very difficult to go through all the necessary steps on a short work permit. In general, we recommend a minimum 2 year study program. 

Our client came to us last year with a serious situation. He submitted his MPNP EOI by himself and he was quickly selected within the IES category. In this situation, that is the best chance at being selected as he did not have to wait for 6 months of work experience. He was selected based on the connection between his studies and his work experience. After he was selected and he received his LAA, he thought he was on a path to PR status.

Unfortunately, the MPNP Officer who was in charge of his case disagreed. The Officer did not see the connection between his studies and his work experience and decided that he may not be eligible within the IES category. Our client received a PFL and he had 30 days to respond to the Officer’s concerns.

Our client made the very good decision to immediately contact CIL for help. We reviewed all the documents submitted to MPNP. We contacted his employer in Winnipeg. We reviewed his studies and all the courses which he completed as part of his study program. We worked with our client to draft a detailed explanation to the Officer to explain the connection between his studies and his work experience to show that, in fact, he was eligible within the IES category.

As you can see from the title, this is a success story. After many hours of work, we submitted the package and the Officer agreed. We addressed each of the Officer’s concerns and we clearly showed that our client qualified for this category.

Congratulations to our client!

After fixing this situation, our client was both relieved and excited to go to the next step. He was back on track to get PR status. He is, of course, very thankful for all the work done by our office. He provided a 5 STAR review on Google.

We look forward to working with our client in the future so he can achieve his immigration dreams!

Success Story: CBSA Warning (DWI/ DUI)

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Drinking while impaired (DWI) or driving under the influence (DUI) can lead to serious immigration consequences. It is not uncommon that individuals who are faced with criminality issues are punished by the criminal courts and then they are punished again by immigration. CBSA Officers are law enforcement. Their role is to enforce IRPA and IRPR. This may involve removals and deportations. All foreign nationals in Canada who are subject to criminality issues may be subject to enforcement measure by CBSA Officers. This area of law is often referred to as “crimmigration” – the convergence of criminal and immigration. If you or any of your contacts have crimmigration issues, we encourage you to contact our law firm.

In this case, our client made a mistake after a wedding and a large family celebration. It was meant to be a joyous event. He drank significant alcohol and she stuck around to help clean up after the event. Our client has zero criminality issues in his past. This was his first mistake. He is a permanent resident of Canada with significant ties to Winnipeg.

Sequence of events:

  • 2015 – our client arrived to Canada with his family;
  • 2015 to 2022 – our client worked in Winnipeg and contributed to his community;
  • 2023 – our client attended the wedding and he was caught by Winnipeg Police Service;
  • 2023 – our client retained a Criminal Defence lawyer who argued his case;
  • 2024 – our client was convicted and sentenced. His case was referred to CBSA regarding potential removal from Canada;
  • 2024/ OCT – our client attended an interview with a CBSA Officer in Winnipeg
  • 2024/ NOV – our client was issued a A44 Report and he was given a chance to explain to the Officer reasons for staying in Canada;
  • 2024/ DEC – our client retained our services. He came to us very late with a short time before the deadline. We agreed to assist on the condition that we would be granted additional time.
  • 2024/ DEC – CLARKE contacted CBSA to require more time. Our request was granted.
  • 2025 – CLARKE worked with client, his family and supporters to draft a package for the CBSA Officer
  • 2025 – CBSA issues a Warning Letter and his case was not referred to the IRB-ID for a hearing. This is the best result possible from a situation involving DWI/ DUI that has been referred to CBSA.

Congratulations to our client!

Current caselaw & CCC

After the Faster Removal of Foreign Criminals Act was passed in 2013 and other changes were made to immigration laws, foreign nationals with DWI or DUI issues may face serious legal issues.

Individuals who face these legal issues, convictions that result from a DWI/ DUI, are faced with a section 320 of the CCC violation:

Operation while impaired

  • 320.14 (1) Everyone commits an offence who

    • (a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

    • (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

    • (c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or

    • (d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

 

To defend our client within an immigration context, it is important to consider the relevant factors. We were able to achieve a positive result by following guidance from the Court. This result was achieved based on the legal arguments made to the Officer. Here is an excerpt:

In Hernandez v. Canada (Minister of Citizenship and Immigration), 2005 FC 429 Justice Snider refers to the “non-exhaustive” list of facts to be considered in a process of writing a Section 44 report.

[22]       In ENF 6, guidance is given to the Minister’s delegate on how to exercise the discretion under s. 44(2), in deciding whether to refer an immigration officer’s report to the Immigration Division. Paragraph 19.2 sets out a non-exhaustive list of factors that “can be considered in both criminal and non-criminal cases”. Among the items listed are the following:

  • length of residence;
  • location of family support and responsibilities;
  • degree of establishment;
  • criminality; and
  • history of non-compliance and current attitude.

The current Operational Manual ENF 6 provides a non-exhaustive list of factors for consideration under these circumstances. Since Hernandez, the above list has been expanded and clarified.

As you may be aware an Administrative deferral of removals (ADR) is currently in place for certain regions in Somalia (Middle Shabelle, Afgoye, and Mogadishu), the Gaza Strip, Ukraine, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, Burundi, Venezuela, Haiti, Iran, Sudan and Lebanon. In addition, a Temporary suspension of removals (TSR) in place for Afghanistan, the Democratic Republic of Congo, and Iraq. The primary difference between the TSR and the ADR are that an ADR is generally put in place within a short period of time to immediately respond to a change in country conditions.

After significant deliberation, the CBSA Officer agreed with our arguments and our client will remain in Canada with his family.

Best Possible Result – Warning Letter

Here is a dedicated version of the warning letter, issued by CBSA: