Success: IAD appeal
Parents are so important to many families in Canada. Our clients pay their taxes, they work hard to make Canada a better place and they would like to be here with their parents. Unfortunately, it can be difficult to sponsor parents to come to Canada. Many of these applications are refused for many reasons, including the minimum necessary income requirement, medical requirements, or other elements to this application. Thankfully, we have won many, many cases at the IAD. We love appeals.
Visa Officers around the world scrutinize these applications. They may refuse an application based on minor mistakes. Many sponsors try to do the applications by themselves and they may get refusals. The IRCC refusal can be stressful for the family. They have already waited for a long time and the decision can be a shock.
In this case, our client has been trying to sponsor his parents. He has been working 3 jobs to bring up his income. As you may be aware, Visa Officers are focused on line 150 from the CRA Notices of Assessment. Every year, the MNI calculation changes, depending on the macroeconomic situation of residents in Canada. Our client’s application was refused and he came to us for help.
We were retained to help. We reviewed the application and GCMS notes. We redid many key parts of the application. We negotiated with Minister’s Counsel who defended the Officer’s decision. In the end, our appeal was allowed.
As you can see from the decision, the IAD was able to make its decision “IN CHAMBERS”. This means that we did not have an IAD hearing for this case. We were able to get a positive decision for our clients without oral evidence.
Our fees are based on the work involved, so our client’s fees for this case were very low. We did not charge for the testimony preparation or for the oral hearing. This makes sense, of course, but there are many lawyers out there who will charge exorbitant fees that are not based on the work they have actually done.