January 10, 2018
Happy Results for Mother of Three!
We were delighted to assist a mother of three young children, two of whom have special needs, in appealing the refusal of her spousal sponsorship application. Although the visa office was satisfied that her relationship with her husband was genuine, the application was refused because the sponsor had defaulted on a previous sponsorship undertaking.
At the Immigration Appeal Division we argued that despite the sponsor’s default, there were sufficient humanitarian and compassionate factors – including the best interests of the children directly affected – to warrant special relief. We provided extensive documentation corroborating the particular needs of the sponsor’s children and the hardship caused by continued family separation. The sponsor gave compelling oral testimony speaking to these challenges.
The Minister and Member at the Immigration Appeal Division agreed that special relief was justified in the circumstances, and the appeal was allowed. The sponsor is very happy that her husband will soon be able to join her in Canada to help her care for their children.