Archive for category: Success Stories

You are here: / Success Stories

Success: Refugee Appeal

/in , , , , , , /by
refugee appeal

This photo is used with permission.

In early 2018, a Somali man came to us in distress and he asked us to help with a refugee appeal. His claim for refugee status was refused by the Refugee Protection Division (RPD). He was represented by a lawyer who was going through mental health issues and, unfortunately, that lawyer did not prepare a strong case. We agreed to assist with this individual with a refugee appeal to the Refugee Appeal Division (RAD) based on the fact that significant evidence had not been considered and his particular circumstances.

We worked with the Somali community in Manitoba and our client’s network of supporters. We were able to prepare significant new evidence. For some reason, the previous lawyer did not prepare a strong case even though the documents were available. Based on the evidence, we put together a strong package on behalf of our client.

After ten (10) months, the RAD granted our appeal and overturned the RPD refusal. The RAD Member agreed with our significant legal arguments and agreed with our submissions that the new evidence may have had a significant impact on the refugee claim. To ensure full disclosure, we were fortunate to have a sympathetic RAD Member decide this refugee appeal. In this case, the client opted not to file a complaint against his former lawyer.

A refugee appeal is challenging and most appeals are dismissed. In 2019, only 12% of RAD appeals in the IRB Western Region were allowed. Building on our success with other appeals, we are thrilled with this decision and we strongly agree with the RAD. Our client’s previous lawyer did a terrible job and, thankfully, we have been able to fix this mess.

NOTE: Clarke Immigration Law accepts Legal Aid Certificates for RPD hearings only. Based on the amount of work involved with refugee appeals and the low rate of approval, we only accept refugee appeals on private retainer agreements and our fees are published online. Typically, our clients pay $500 monthly based on our flexible payment plans.

 

Success: H&C

/in , , , , , , /by

As part of our series to share success stories, we are thrilled to share this story of a Mexican family who were granted Approval In Principle (AIP) on an Application for Permanent Resident Status based on Humanitarian and Compassionate Considerations (H&C). As you may be aware, the H&C application currently has an approval rate of approximately 50% only. This application requires significant work and research. In this case, we worked with numerous community members, academics, and legal scholars to put together a strong application based on their humanitarian circumstances. humanitarian

A brief background. A family of (5) five Mexican nationals with strong family and historical connections to southern Manitoba came to our office in early 2018. This Mennonite family were all born in Mexico. Their parents (deceased) were members of Old Colony Mennonites who were born in Manitoba. Based on issues related to education, they left Canada to settle in Mexico and Paraguay. They came to us to help them rekindle their ties with the Mennonite community in the Winkler area. As they have no formal education, they did not qualify for the RNIP, MPNP or any other skilled worker category even though these are highly accomplished applicants.

After only 11 months of processing, IRCC gave approval in principle (AIP) to this H&C application based on the strong humanitarian arguments. We are very pleased with the processing time of this application – faster than average processing times.

This family has maintained their temporary status in Canada throughout the H&C process and they are currently working with valid Work Permits. We attribute the success of this application based on the strong support of the Mennonite community and strong legal research. Similar to another humanitarian application that was approved, we prepared +400 pages of documents for this H&C application.

This family is naturally delighted their application has passed the AIP (first-stage) approval and we look forward to this family becoming Permanent Residents of Canada. To date, Clarke Immigration Law has never had an H&C application refused.

Success: LMIA

/in , , , /by

In late 2019, we were contacted by a large Trucking company in western Ontario for assistance with multiple Labour Market Impact Assessments (LMIAs). The company had previously retained another law firm in Winnipeg and they were not satisfied with the quality of professionalism of that firm. (As an aside, that firm has terrible ratings on Google so this is not a surprise.) We reviewed the shoddy work of the previous representatives and prepared new LMIA applications based on our research.

We submitted the new LMIA applications to Employment and Social Development Canada (ESDC) in January 2020 and the application was approved in February 2020. Processing time: one (1) month only – much faster than average processing time.LMIA

Needless to say, our clients were very happy with our work and the positive results. This company can now focus on building business and hiring Long Haul Truck Drivers which is where they should be spending their time & energy. The processing of LMIA applications includes strict guidelines and advertising requirements. As Alastair stated during his presentation at BCIT in Vancouver, if the LMIA is not done properly at first instance, it may be more difficult for this company to obtain a positive decision on future LMIA applications.

NOTE: LMIA applications have a high rate of refusal and we would recommend retained a competent law firm to assist. These applications are assessed based on labour market demands in specific regions and the ability of the company to find and recruit Permanent Residents or Canadian citizens. In this case, our clients could not accept further contracts and they were severely limited in its potential growth. Furthermore, these positions remained unfilled for a long period of time based on the incompetence of the previous law firm, causing unnecessary delays and expenses.

Fast Processing of LMIA Applications

We are very pleased with the work done by the Service Canada Officer with the LMIA approval. Given the previous work and the difficult immigration history, our clients were extremely happy with the fast processing time; however, we believe that if this company had retained us at first instance, it would have been faster.

The LMIA program is often plagued by long delays and onerous reporting requirements.  We were happy with the results with this corporate client and we look forward to assisting other businesses to overcome labour shortages so Canadian businesses can focus on their specialty.

Success: Regaining Status

/in , , , /by

As part of our series to share success stories, we are starting with a case where we were able to help an international student who has suffered unfortunately circumstances and she found herself without status in Canada in a desperate situation.

international student

international student

Thankfully, we were able to get her regain status. Life can be messy and there are situations that are beyond our control. Sometimes, the government needs to take into consideration that applicants have fallen under hard times for reasons outside of their control. It is also important to be reminded that IRCC Officers are people too and they want to help. Our job is to show the Officer all the reasons why our clients warrant special attention.

Success Story: Internation Student Regains Status

A Filipino student came to us for help after she had been living in Canada without status after her Study Permit expired. She was an international student who had been living in fear on a daily basis that CBSA would knock on her door and she could be deported. She has suffered from stress and anxiety. She came to us for help, desperate to regularize her status and she had almost no money left. We started by preparing and submitting a Temporary Resident Permit (TRP) application based on her unique circumstances and strong ties to Canada. Our TRP application was approved in seven (7) months and now this international student has regained temporary status in Canada.

Now with status, the next step was to help this international student get to work. Our office worked hard to prepare and submit a Work Permit application. The Work Permit was approved in under two (2) months and our client was relieved and overjoyed she could finally continue to build her life in Canada without the threat of removal looming over her head. She is now working in Canada with status and looking forward to becoming a Permanent Resident in the near future.

Success Stories

/in , /by

Much of our work goes unnoticed. Unreported decisions. Negotiated settlements. Positive decisions rarely make the news and success stories are rarely shared. We certainly encourage our clients to post comments on social media and we are so thankful for their time and energy to share their experiences with our office and to share their success stories. We believe we are the best immigration law firm in Manitoba; however, at the same time, I would not advise you take our word for it. As I say repeatedly at tribunals and at Court, look at the evidence. One piece of objective evidence: we currently have a rating of 4.8 out of 5.0, based on 45 reviews on Google. Many of our clients, however, do not have Google accounts or they do not want to reveal their identities. Fair enough. So our team will make an effort to share these successes with you on our website. I want to say that these success stories are personal stories from our clients so we will be omitting any confidential and/or identifying information.

Success Stories

Success Stories

We had a staff meeting to discuss this effort and I think everyone at Clarke Law is excited to share our successes. We are pleased to announce that we will start sharing success stories in this space on a regular basis. We also feel much of the excitement (and anxiety) as our clients when we get positive decisions. This project will give you, wherever you are in the world, insight into some of the cases we handle and how we achieve our results.

We simply do not have the resources to help all the people who contact our office. We try our best to give sound advice and relevant information. Part of our job is to dispel misinformation and disinformation. Alas, there is a plethora of out-dated information or incorrect information online. I will say that part of me cringes when I hear a client say, “my friend told me …”. More often than not, the individual then goes on to describe a situation that is quite different from their circumstances.

From my perspective, we are motivated to save lives, to bring families together and to build Canadian businesses. This means bringing family members to Canada so they can work or study or visit. We have helped countless international students who were previously refused based on poor representation or mistakes.

I remember when I asked my father about sponsoring my mother back in the 1960s. He can barely remember the application. At that time, Canadian immigration was a simple system and the applications were thin. He did not have to deal with complex system we deal with today. As my mum was dealing with an intense political situation, I am not certain that their application would have been straight-forward.

We will try to share some of our success stories; however, time is our greatest resource and it is also a resource in short supply. We need to balance our time between updating this site and helping the clients who trust us to solve their immigration problems.

Federal Court Success re MPNP and Misrepresentation

/in , , , , , , , , , , , , /by

Congratulations to our client Ievgen Agapi, a truck driver from Ukraine, and all the supporting people who assisted with this case. Justice Ahmed of the Federal Court of Canada agreed with our arguments that the Visa Officer in Kiev failed to consider whether the alleged misrepresentation was honestly and reasonably made. Click here to read the full decision.

This is a significant decision in the jurisprudence of misrepresentation, as well as the processing of MPNP applications.

In the words of Justice Ahmed:

14]  The Applicant points out that section 40 of the IRPA does not apply to misrepresentations made honestly by an applicant who reasonably believes they did not withhold material information (Medel v Canada (Minister of Employment and Immigration), [1990] 2 FC 345, Baro v Canada (Citizenship and Immigration), 2007 FC 1299 (CanLII) at para 15, and Goudarzi v Canada (Citizenship and Immigration), 2012 FC 425 (CanLII) at para 33). The Applicant submits that his response to the procedural fairness letter provided evidence that this exception applies to his alleged misrepresentation; he explained that the knowledge of the potential fraud was beyond his control and in his view he reasonably and honestly believed that he was not misrepresenting any material facts. Despite his response to the procedural fairness letter, the Applicant submits the Manager failed to consider whether any alleged misrepresentation was honestly and reasonably made.

[15]  The Respondent submits that the Applicant is merely “blaming” a third party for his misrepresentation and argues that efforts to get the original results were not before the decision-maker. The Respondent acknowledges that there is a “narrow exception” for innocent misrepresentation, but reiterates that it only applies in exceptional and narrow circumstance. The Respondent cites a line of jurisprudence for the proposition that misrepresentation made by a non-party to an application, without the applicant’s knowledge, does not save an application from an inadmissibility finding under section 40 of the IRPA. The Respondent also takes the position that the Applicant’s response to the procedural fairness letter did not meet the high standard to warrant such an exception.

[16]  I agree with the Applicant that the Manager failed to consider whether the Applicant honestly and reasonably believed he was not withholding material information.

CONGRATULATIONS TO EVERYONE WHO CONTRIBUTED TO THIS POSITIVE DECISION!

News: CIC Grants PR status based on Humanitarian

/in , , , , , /by

Clarke Immigration Law successfully represented a Polish family to obtain Permanent Resident status through a Humanitarian and Compassionate application. As noted by Winnipeg Free Press, we prepared an application with more than 500 pages of documents and legal arguments to help this family stay safe in Canada.

Published by Winnipeg Free Press on 25 Nov 2015, written by Carol Sanders.

Polish family under threat granted permanent resident status in Canada after 5 years

After five years of abuse and then the threat of having the rug pulled out from under her at any time, a single mom and her two kids from Poland can finally rest easy.

“It’s a special day for my kids and me,” Marta Placzek said Wednesday, when she and Justyna, 11, and Jakub, 8, were granted permanent resident status in Canada. They’ve been living in Winnipeg with the help of people in the Polish community and friends like Peter Morgan, who drove them to their immigration appointment on Wednesday. There, Placzek and her kids who once fled to a women’s shelter, then relied on the kindness of strangers, were granted legal status in Canada.

“I’m very, very happy,” said Placzek. “My life was very hard here,” she said. “There was much stress.”

She arrived in 2010 with her children and a new husband whom she believed had a trucking job lined up in Winnipeg. They arrived with visitors visas and when the job didn’t materialize, she alleges he began abusing her. She and the kids went to Osborne House and she obtained a restraining order that he violated. Her husband was charged by police and removed from Canada.

Placzek was desperate to stay with her kids even though their visitors visas had expired. In Poland, she had sold everything and quit her job at the railway for a fresh start in Canada. She had no family or anything to return to in Poland.

In Winnipeg, members of the community took the family under their wing. The children were allowed to attend Holy Ghost School on Selkirk Avenue for free and an immigration lawyer was hired to help her apply for permanent resident status.

 

Clarke Immigration Law was able to work with the community members to prepare a strong application.

Her lawyer, Alastair Clarke, asked that she be allowed to stay in Canada on humanitarian and compassionate grounds.

In a lengthy written application, Clarke outlined three main reasons. Staying was in the best interest of the children, who were doing really well in school and faced hardship if they returned to Poland, he said. There was an established history of violence with her husband. Police in Poland have a well-established reputation for not taking domestic violence cases seriously, said Clarke. If Placzek and the kids returned to Poland, the only family they’d have is a potentially violent ex-spouse, he said. In Winnipeg, the family had plenty of support, said Clarke.

People like retiree George Bibik, a volunteer interpreter, rallied the community to provide shelter and support to them. Quiet-spoken Peter Morgan, who met the family through a Polish friend, said he empathized right away with the children.

“I’m an immigrant myself,” said Morgan, who came to Canada from England when he was Justyna’s age, and had difficulty speaking. The addictions worker helps the family financially and provides them with transportation.

“I just hope they find their home here,” Morgan said. “I certainly have.”

Another factor in Placzek’s favour was her volunteering in the community, said Clarke.

“It’s purely out of the goodness of her heart,” he said.

Placzek met regularly with Victoria Lehman’s elderly mom whose first language is Polish and was showing signs of dementia. Placzek visited her in Lion’s Manor where they spoke Polish, said Lehman, who is a lawyer. Some of her clients are victims of domestic abuse, and when she saw the 2014 Free Press story about the single mom and her two kids from Poland, she reached out to help them.

“I just gravitated to that,” Lehman said.

Now that Placzek and her kids have permanent residence status, they can access provincial health care, social assistance and public schools. She’s had several job offers and can now legally obtain work and is eligible for more English language classes that she says are a priority.

Placzek wanted to stay in Canada for her children.

Jakub wants to be a lawyer when he grows up, and Justyna plans to be a veterinarian.

Placzek said she now has a better chance of realizing her own dreams, too.

“I have an idea of going to school.”

carol.sanders@freepress.mb.ca

Note: Humanitarian and Compassionate cases are extremely time-consuming and generally only recommended as a last resort. Please contact a professional about whether this application is suitable to you or your family.