Past Cases
Clarke Law is one of Manitoba’s most experienced immigration firms
Meeting Client Needs: Federal Court
In 2015, we assisted a Burundi national who faced a deportation date. When the client first contacted our office, we submitted a Deferral Request to Canada Border Services Agency (CBSA) with more than 50 pages of materials outlined the risk our client would face if returned to a country in a de facto civil war. It was refused and, in turn, we filed a Federal Court application and a Stay Motion. That was successful. Our focus on meeting client needs means that we use all the tools available to ensure success. Our client remains in Winnipeg with his family. This case received attention on CBC-Manitoba in English and Radio-Canada in French.
Visit CanLii.org to find out additional information on my past cases.
Humanitarian and Compassionate Applications
In 2014, we assisted a family from Poland file an Application for Permanent Residency based on Humanitarian and Compassionate Grounds. The family had suffered physical and psychological harm at the hands of family members in Poland. Their personal safety would be at risk if returned. We received a positive decision after 8 months of processing and they are now Permanent Residents of Canada. You can read all about this case, as reported by the Winnipeg Free Press.
Temporary Resident Permit
In 2014, we assisted an Italian client obtain a Temporary Resident Permit (TRP) due to minor criminal convictions that were in appeal in Italy. After receiving the TRP, we then assisted with a Work Permit and he is currently in Winnipeg with his family, contributing to the economy.
Spousal Sponsorship Appeals
In 2013, we assisted a Canadian man with a sponsorship appeal of his Indian (Punjabi) wife at the Immigration and Refugee Board – Immigration Appeal Division (IRB-IAD). The issue was genuine marriage. After lengthy testimony and significant preparation, we won the appeal.
Success on Appeals to the IRB
In 2013, we represented a Canadian man with a sponsorship appeal of his Indian (Punjabi) wife at the Immigration and Refugee Board – Immigration Appeal Division (IRB-IAD). The issue was whether they entered the marriage for the purposes of immigration. We won the appeal.
Disability Benefits
In 2013, Alastair represented multiple clients on appeals for disability benefits. The applicant suffered from chronic pain that substantially restricted her activities of daily living. The Officer refused her claim; however, Alastair won the case at the Tribunal. For the details of this case and legal arguments, click here. Another case for disability benefits involved a gentleman who suffered from arthritic pain, lower back pain, instability of left knee, hearing loss left ear, pain left foot and leg, increasing forgetfulness, and difficulty focusing. The Officer refused his claim; however, Alastair won the appeal.
Reunification of Family in Canada
In 2012, we assisted a Filipino family with a sponsorship appeal of their parents at the Immigration and Refugee Board – Immigration Appeal Division (IRB-IAD). The issue was the Low Income Cut Off (LICO) due to fluctuations in employment during the processing of the application. We prepared +200 pages of submissions to opposing counsel and we won at Alternative Dispute Resolution (ADR). Please note that cases that are resolved at ADR are not published online.
Success with Refugee Claim
In 2010, we assisted a woman obtain refugee status based on violence in St. Lucia.
Success with Permanent Resident Status
In 2009, Alastair assisted a woman from Trinidad and Tobago obtain Permanent Residency based on an Application for Permanent Residency based on Humanitarian and Compassionate Grounds. She had been working and living in Canada for more than 10 years.
Success with Applicants Who Had Been Previously Refused
In 2008, Alastair represented a Canadian woman file a Spousal sponsorship application for her Kuwaiti husband. Previously, they had filed the application by themselves and it was refused. We were able to address the concerns of the Officer and we submitted more than 400 pages of supporting documentation. The application was approved, the husband was granted PR status and the couple are now happily living together in Toronto.
Success with Spousal Sponsorship Appeal at IAD
As an articling student (a.k.a. Student-at-Law), Alastair represented Mr. Baljinder Singh Brar. When he was given the case, it was supposed to be an “impossible to win” case that would give him good experience. No other articling student had been given the responsiblity of going to the IAD on an appeal. Alastair submitted a creative legal argument that was accepted by the Tribunal and the appeal was allowed. What a good way to start a career! For full details, you can read the decision by Member James Waters.
After this win, the Government of Canada amended section 133 of IRPR to avoid this situation from repeating.
