When I first started practicing immigration law, I took on Legal Aid files and in the course of being on the roster was required to provide an opinion as to the relative merits of coverage.
In this case, the client had tried to sponsor his wife and child to Canada. He had been refused because he did not disclose his wife when he landed in Canada (he was single when he applied for permanent residence, and married only a month or so before coming to Canada). His non-disclosure was inadvertent and he was more than surprised that he was not able to sponsor his wife and child (his child was born after his landing in Canada).
I recommended coverage for an application under s.25 of the Act.
While I don't take on Legal Aid files anymore (for a variety of reasons) I hope that these opinions (I'll upload more in the future) are of assistance to junior immigration counsel.
In this case, I can report a happy ending. The humanitarian and compassionate application was accepted; the client's wife and son came to Canada a year or two ago.
Download 2008 08 19 opinion 117
Raj Sharma JD LLM
Partner
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