NOW REBRANDED

Matkowsky Immigration Law is now Unified Immigration Lawyers. Same firm, same lawyers — new name.

MISREPRESENTATION

Misrepresentation Findings Quashed After Consultant Negligence

A family of four was cleared of inadmissibility findings after the Federal Court found that their immigration consultants’ negligence caused a miscarriage of justice.

The Client

The family faced a five-year misrepresentation bar after their consultants filed a work permit application under the owner-operator LMIA category nearly two years after that category had been eliminated.

The Evidence

The consultants did not tell the principal applicant that the category no longer existed. He gave sworn evidence that he would not have filed the application had he known that he was ineligible.

Unified Immigration Lawyers' Strategy

The legal challenge showed that the consultants’ negligence affected the result and undermined the fairness of the process, satisfying both branches of the miscarriage of justice test.

The Outcome

The Federal Court quashed the inadmissibility findings against the principal applicant and all three dependants.

When representative error changes the outcome and compromises procedural fairness, the resulting immigration decision may be open to judicial review.

Other Cases

Spousal Sponsorship Appeal Allowed Despite Prior Omissions

A spousal sponsorship appeal succeeded after the tribunal assessed prior omissions in context and found that the marriage was genuine.

Sponsorship Appeal Expedited After Government File Error

A spousal sponsorship appeal was allowed after the government discovered that the document said to be missing had been in its own file throughout the case.

Sponsorship Appeal Allowed Despite Misrepresentation Finding

A spousal sponsorship appeal succeeded on both the genuineness of the marriage and humanitarian relief from a misrepresentation finding.

Contact
Ready to get started? 
Let's talk.

Use this form to tell us what you are going through. We will carefully review the details of your situation and get back to you within one business day to schedule your strategy session.

Email
info@uilawyers.com
Location
Toronto, Ontario

"*" indicates required fields

FULL NAME*
By submitting you agree this form does not create a solicitor-client relationship.