NOW REBRANDED
Matkowsky Immigration Law is now Unified Immigration Lawyers. Same firm, same lawyers — new name.
Matkowsky Immigration Law is now Unified Immigration Lawyers. Same firm, same lawyers — new name.
The Federal Court set aside the refusal of humanitarian and compassionate relief for a widow who faced repeated
physical abuse from her adult son in rural India.
The client was a widow who sought humanitarian and compassionate relief after fleeing repeated physical abuse by her adult son. An officer questioned her credibility in part because she had not made a refugee claim when she arrived in Canada.
The record included country evidence explaining that social pressure and police reluctance in small Indian towns can make reporting domestic violence extremely difficult. The officer nevertheless dismissed the client’s explanation for not reporting the abuse.
The legal challenge addressed the improper credibility finding, the officer’s unreasonable treatment of the evidence and the unsupported conclusion that meaningful support would be available to the client in India.
The Federal Court found the analysis unreasonable, set the refusal aside and returned the application for a full and fair redetermination.
A spousal sponsorship appeal succeeded after the tribunal assessed prior omissions in context and found that the marriage was genuine.
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.
A spousal sponsorship appeal succeeded on both the genuineness of the marriage and humanitarian relief from a misrepresentation finding.
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