Navigating Canada’s immigration system can be a challenging journey, especially when the rules and limitations block deserving applicants from achieving their dreams. One such recent case handled by Fateh Law Corporation illustrates the dedication, persistence, and expertise it takes to overcome these hurdles and deliver justice to clients.

Background of the Case

Our client came to Canada to study, full of ambition and eager to build a future in a country she’d come to call home. After successfully completing her studies, she began working on a post-graduate work permit, gaining valuable experience and contributing to the Canadian economy. Over 8 years, she worked diligently, dreaming of securing permanent residency in Canada.

Despite her years of work experience, her pathway to Permanent Residency (PR) through Express Entry was blocked due to limited draws within Canada, making it impossible for her to receive an invitation to apply. Without an ITA (Invitation to Apply), she was left without a viable path to PR. But there was still hope—her employer, recognizing her value, applied for a Labour Market Impact Assessment (LMIA) in her favour.

The LMIA Work Permit Refusal

Receiving a positive LMIA from her employer seemed like the breakthrough she needed, and the next logical step was applying for an LMIA-based work permit to continue working legally in Canada. But on August 1, 2024, her LMIA-based work permit application was wrongfully refused. This decision had serious implications—without a valid permit, she was out of status and had no option but to leave Canada and return to India. This refusal felt like a major setback for our client, who had invested years into her life in Canada. However, Fateh Law Corporation saw this as a situation worth fighting.

Taking the Fight to Federal Court

A wrongful refusal can have devastating effects, but we moved quickly to challenge it. Within 15 days of the refusal, Fateh Law Corporation took her case to the Federal Court of Canada to challenge the decision. Backed by our team’s legal expertise and over 11 years of litigation experience in immigration matters, we submitted well-researched, detailed arguments showing that the refusal was unjust.

Federal Court litigation is a complex process, requiring a clear demonstration that the decision was unreasonable or did not adhere to the legal standards of fairness. But at Fateh Law Corporation, we believe every client deserves a fair chance, and we rigorously advocated for her right to continue her journey in Canada.

The Federal Court Settlement: A Step Forward

On October 28, 2024, our perseverance was rewarded with a favorable settlement from the Department of Justice. This settlement was a significant win, applying pressure to IRCC to reconsider our client’s LMIA-based work permit application. However, as Mr. Fateh often advises, a Federal Court settlement is just half the battle. The ultimate goal remains an approval and passport request to ensure our client can return to Canada and continue her life here.

Ensuring Success Beyond Settlement

While the settlement in Federal Court is a crucial step, it’s not the end. Fateh Law Corporation’s dedication doesn’t stop with a favorable judgment. To truly secure our client’s future in Canada, we are committed to supporting her throughout the redetermination process. This involves close monitoring of IRCC’s actions, further submissions, and providing additional evidence if needed to ensure that her application receives a fair assessment.

Conclusion: Persistence and Justice at Fateh Law Corporation

At Fateh Law Corporation, we understand that immigration matters are deeply personal, and every refusal impacts not only careers but also families, aspirations, and futures. Through our rigorous dedication to every case, we go beyond just achieving settlements. We pursue each step diligently, from Federal Court challenges to the final passport request, to ensure our clients achieve the success they deserve.

This case highlights the critical importance of legal expertise, persistence, and a client-focused approach in immigration matters. If you or someone you know is facing similar challenges, Fateh Law Corporation is here to help. Our commitment to justice goes beyond the courtroom—Mr. Fateh and our team will stand by your side, advocating for your right to build a future in Canada.

Fateh Law Corporation
📍 Satellite Office: Chandigarh, India
🔗 www.navratanfateh.com
📞+91 9875950786
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