In the world of immigration law, few cases carry the weight of uncertainty like a wrongful Post-Graduation Work Permit (PGWP) refusal. For international students who’ve worked tirelessly to complete their studies, the PGWP is a critical next step—a chance to gain Canadian work experience and build a future in a country they’ve come to call home.
This was the hope for Shubham Patel, a hardworking student from Canada, whose PGWP was unfairly refused due to an administrative error by IRCC. Despite facing an uphill battle, Shubham’s determination, paired with Fateh Law Corporation’s expertise, ultimately led to a successful outcome.
The Initial Setback: A Mistaken Refusal by IRCC
After years of hard work and dedication, Shubham applied for his PGWP, which would grant him an open work permit, allowing him to work for any employer in Canada. However, his dreams were abruptly put on hold when IRCC wrongfully refused his application. This refusal not only meant that Shubham’s plans for his future in Canada were jeopardized but also represented a serious administrative error on IRCC’s part. This mistake cost him the “golden opportunity” to stay and work in Canada, undermining the purpose of his education in the country.
At this stage, Fateh Law Corporation stepped in to advocate for Shubham. Our team recognized the injustice in IRCC’s decision, especially as it stemmed from an error that was preventable. Our priority was to help Shubham secure his work permit quickly, minimizing any additional costs or delays. We initially filed a reconsideration request, seeking to resolve the matter efficiently, but IRCC stood firm, refusing to acknowledge their error and upholding the wrongful refusal.
Taking it to Federal Court: Filing a Judicial Review
When the reconsideration request failed, our team knew we had to escalate the matter. Since this refusal occurred within Canada, we had just 15 days to file a Judicial Review in the Federal Court. Time was of the essence. We filed a writ of certiorari, challenging the decision by arguing that IRCC had applied the law incorrectly due to an incompetent evaluation by the Visa Officer.
Our approach was multifaceted. We presented the court with a meticulously prepared case, including a Canadian Affidavit and comprehensive written arguments that demonstrated the error in IRCC’s decision. Additionally, we opened a line of negotiation with the Department of Justice, explaining the unfairness Shubham had faced due to this mistake.
The Turning Point: Settlement and Approval
After carefully examining our arguments, the Department of Justice recognized that IRCC had indeed made an error in refusing Shubham’s PGWP. Realizing the merits of our case, they agreed to settle. The result? Shubham’s PGWP was approved, granting him the right to work in Canada and restoring his immigration status back to the original date of his initial application. This settlement marked a pivotal moment, reversing an unfair decision and allowing Shubham to continue building his life in Canada.
Overcoming the Challenge of “Status-less” Waiting
The judicial review process is not without its challenges. During the waiting period, Shubham was left in a “status-less” position, unable to fully participate in Canadian society without a permit. While this period was undoubtedly stressful, Shubham’s patience and resilience paid off. Fateh Law Corporation’s commitment to pressing for justice in his case was a critical factor in securing his eventual success.
Client Testimonial: Shubham’s Journey with Fateh Law Corporation
In his testimonial, Shubham expressed deep appreciation for the support and expertise he received from Fateh Law Corporation. He highlighted how our team’s understanding of immigration law and dedication to his case were instrumental in overturning an unfair refusal and achieving the outcome he deserved.
Shubham’s words are a testament to the value of a committed legal team in navigating complex immigration issues. His story reminds us of the importance of pursuing justice in the face of errors and bureaucratic challenges. At Fateh Law Corporation, we take pride in helping clients like Shubham overcome seemingly insurmountable obstacles, advocating tirelessly to restore their rights and opportunities.
Facing a Visa Refusal? Let Fateh Law Corporation Help You
If you or someone you know has faced a wrongful visa refusal or is encountering challenges with the PGWP, know that Fateh Law Corporation is here to help. Our extensive experience in Federal Court challenges, coupled with our commitment to our clients, has helped countless individuals like Shubham turn around refusals into approvals.
Contact us today to see how we can help you achieve the outcome you deserve.
