The Applicants were entitled to a remedy of mandamus: the Minister was ordered to make a decision no later than 30 days from the date of the judgment.
Summary of recent Canadian Federal Court immigration decisions from August 27 to September 10, 2024 highlighting the importance of individualized reasoning and proper evidence consideration by immigration officers.
Summary of recent Canadian Federal Court immigration decisions highlighting the importance of individualized reasoning and proper evidence consideration by immigration officers.
We helped a client from Tajikistan successfully obtain an LMIA-based work permit after their initial refusal. Despite strong evidence of his qualifications, his application was denied for allegedly not demonstrating the ability to perform the job. Heron Law Offices challenged the refusal in Federal Court, arguing that the decision was unreasonable and based on a misinterpretation of the applicant’s qualifications. The court ordered a redetermination by a different immigration officer. After submitting updated documents, the client received a work permit in March 2024. This case highlights the significance of judicial review in the Canadian immigration process.
Will Tao was quoted in the Hill Times discussing ATIP delays and immigration applicants should understand why their files are delayed and if they should file judicial review or mandamus.