Date: July 2018
Re: Mobilité Francophone Work Permit and Spousal Work Permit
Result: Skilled, francophone worker and spouse obtain work permits from outside Canada, with job offer from Canadian employer.
Details: Gerami Law assisted a Canadian employer to bring a highly skilled vocational instructor to Canada, without needing to apply for a Labour Market Impact Assessment. Under the Mobilité Francophone program, Gerami Law obtained work permits for the skilled employee and his accompanying spouse from outside of Canada, based the Canadian employer’s job offer. The work permits were eligible for expedited processing and were granted in only two weeks.
Date: June 2018
Re: Application for Study Permit from Outside Canada
Result: Study permit granted to primary applicant, and accompanying wife and child granted work and study permits.
Details: The Client sought to pursue a vocational diploma in Canada and bring his family with him. Gerami Law PC prepared the prospective student’s application for a study permit, along with his wife’s work permit application and their minor son’s study permit application. The visa office initially erred in rejecting his spouse’s work permit, but Gerami Law had the visa office rectify this mistake and issue his wife’s permit within one business day. The family’s visas were issued the next week.
Date: May 2018
Re: Permanent Residence on Humanitarian and Compassionate Grounds
Result: Failed refugee claimant granted permanent residence in Canada.
Details: After her refugee claim was rejected, the elderly Iraqi national came to Gerami Law for advice. We submitted a comprehensive application for permanent residence on humanitarian and compassionate grounds on her behalf, which the government granted in June 2018. She is now able to remain in Canada safely with her family.
Date: May 2018
Re: Canadian Experience Class Application for Permanent Residence and Work Permit
Result: The Client was granted permanent residence and a work permit, despite inadmissibility concerns.
Details: After advising the worker that he had performed unauthorized work in Canada and could be found inadmissible, Gerami Law prepared his application for permanent residence under the Canadian Experience Class and argued that IRCC should exercise its discretion not to find him inadmissible and to grant him permanent residence. This application was approved, and the client was able to remain in Canada permanently. We also extended his work permit while he was waiting for a decision.
Date: May 2018
Re: Permanent Residence under Sponsorship of Canadian Spouse
Result: Spouses permanently reunite in Canada.
Details: Gerami Law meticulously prepared the foreign national’s application for permanent residence and his wife’s application to sponsor him. We advised the Clients on potential issues arising from their application and made legal arguments to address them. The spouse’s application was granted, and he landed as a permanent resident soon after.
Date: May 2018
Re: Permanent Residence as Protected Person
Result: Refugee granted permanent residence in Canada.
Details: Gerami Law successfully represented the recent graduate in obtaining refugee protection in Canada, after the conditions in his home country deteriorated. We then prepared his application for permanent residence, which was granted this year. While he was waiting for a decision on those applications, we applied for and obtained two work permits on his behalf. He is now able to live in Canada permanently.
Date: January 2018
Re: Mobilité Francophone Work Permit
Result: A Canadian employer was able to bring a skilled, francophone worker to Canada.
Details: Gerami Law assisted a Canadian employer in bringing a highly skilled, francophone chef to Canada, without needing to first obtain a Labour Market Impact Assessment. Under the International Mobility Program, Gerami Law was able to obtain a work permit for the skilled worker and assist the employer in drafting an offer of employment that met the program requirements. The work permit was eligible for expedited processing, and was granted in only two weeks.
Date: January 2018
Re: Authorization for a Minister to Work Without a Permit
Result: The Client was granted a visitor record and continued working without interruption.
Details: The Client wanted to continue ministering to his parishioners in Canada, with his wife and child by his side. Gerami Law assisted the Client in obtaining a visitor record, with an offer of employment from the governing church body, to enable him to continue working. Our lawyers were able to perform these services promptly, so that he could benefit from implied status throughout the 4-month processing. His visitor record was granted, along with those of his wife and child, who was attending primary school in Canada.
Date: January 2018
Re: Temporary Resident Visa Application
Result: The clients received their multi-entry visitor visas to Canada
Details: The clients, a family of four from Iran, wished to come to Canada for a visit in the summer. Gerami Law PC represented them in submitting their online applications for temporary resident visas. Immigration, Refugees and Citizenship Canada approved the applications and granted the family their multiple entry visas to Canada
Date: December 2017
Re: Express Entry Permanent Residence and Overcoming Potential Inadmissibility
Result: The Client was granted permanent residence and was not found inadmissible to Canada.
Details: The Client was a recent graduate working in Canada. In assessing the Client’s options for permanent residence, our lawyers at Gerami Law advised the Client that he had inadvertently worked without authorization and could be found inadmissible. We completed his Express Entry profile and permanent residence application, with arguments that the Minister should exercise its discretion not find the Client inadmissible. The Client’s permanent residence application was successful, and the government chose not to issue an inadmissibility report against him.
Date: December 2017
Re: Application for Permanent Residence and Work Permit
Result: The Client was granted permanent residence and a work permit to remain in Canada.
Details: The Client initially applied for permanent residence without legal assistance. After the government rejected her application, the Client was left with little over a month to find a solution. With the assistance of Gerami Law, the Client was able to apply for a work permit before her status expired, apply for permanent residence under a different category, and continue working until her application permanent residence was granted several months later.
Date: November 2017
Re: Misrepresentation in a Provincial-Nominee Program Application
Result: The client received his nomination from the Ontario Immigrant Nominee Program and was able to apply for permanent residence in Canada
Details: The client is a national of Bangladesh who applied to the Ontario province for a nomination under the Masters Graduate stream. The officer deciding his case was concerned that the client misrepresented in the application and sent him a letter of procedural fairness. Gerami Law PC represented the client to successfully address the officer’s concerns and the client received his nomination from the province.
Date: November 2017
Re: Study Permit Extension Application
Result: The client received her study permit extension Details: The client, a citizen of Yemen, was a refugee claimant in Canada and was also pursuing her post-secondary studies. She wanted to continue studying while waiting for a decision on her refugee claim but her study permit was expiring. Gerami Law PC represented her in applying for a study permit extension. Immigration, Refugees and Citizenship Canada approved the application and granted the extension.
Date: October 2017
Re: Permanent Residence on Humanitarian and Compassionate Grounds
Result: The family of Clients were granted permanent residence.
Details: After successfully representing the Clients in judicially reviewing their rejected H&C application, Gerami Law submitted extensive evidence and submissions in support of their new H&C application. After providing two additional packets of evidence, the government granted the Clients permanent residence and exempted them from requiring passports and having valid status in Canada. The family landed as permanent residents soon after.
Date: October 2017
Re: Temporary Resident Visa Application
Result: The client received a multi-entry visitor visa to Canada
Details: The client is a Vietnamese national who wished to accompany her two Canadian children to Ottawa to reside with their father. She had previously submitted three applications for a temporary resident visa, all of which had been refused. Gerami Law PC represented her in re-applying for the visitor visa. Immigration, Refugees and Citizenship Canada approved the application and granted the client a multiple entry visa to Canada.
Date: September 2017
Re: Study Permit Application
Result: The client received a study permit to pursue her post-graduate program in Canada
Details: The client is an Indian national who wished to pursue post-graduate studies in Canada to advance her career prospects in India. She submitted an application for a study permit self-represented but Immigration, Refugees and Citizenship Canada refused that application. Gerami Law PC represented the client in successfully submitting a second application and the client received her study permit.
Date: August 2017
Re: Canadian Experience Class – Express Entry
Result: A skilled worker and his family obtained permanent residence in Canada.
Details: An ex-military official wanted to immigrate to Canada permanently with his family and had already created an Express Entry profile. Gerami Law meticulously prepared their application for permanent residence under the Canadian Experience Class and advised the Clients how to address potential obstacles arising from the profile they submitted on their own. The family was granted permanent residence and landed in Canada soon after.
Date: June 2017
Re: Intra-Company Transfer and Spousal Work Permit
Result: The employee transferred to a Canadian subsidiary, along with his spouse.
Details: A foreign parent company wanted to transfer an employee to its subsidiary in Canada, to fulfill a temporary contract as a senior manager. Gerami Law PC prepared the employee’s application for a work permit under the intra-company transfer category, and assisted the employer in drafting the offer of employment. Gerami Law also applied for a work permit on behalf of the employee’s spouse. Both work permits were granted, and the employee was able to transfer to Canada with his spouse.
Case: Iraqi Refugee Family
Date: 2015-09-24
Re: Successful refugee claim
Result: The clients received a positive refugee decision
Details: The principal claimant, his wife and four young children were citizens of Iraq and claimed refugee protection in Canada. The principal applicant and children were Sunni but the wife was Shia. They feared persecution in the form of violent attacks and death from Shia militias in Iraq and also from ISIS-ISIL who control many parts of Iraq. The principal claimant’s family had also been personally targeted and killed by Shia militias and could not seek protection of the State.
The clients were successful in their refugee claim.
Case: Ali v. Canada (Citizenship and Immigration), 2015 FC 1012
Date: 2015-08-26
Re: Successful Judicial Review Hearing before the Federal Court
Result: Ms. Gerami successfully represented the client on his judicial review application and hearing before the Federal Court. Decision of the Board was set aside as unreasonable.
Details: The client was a 26 year old citizen of Yemen and relocated to Canada with his family as refugees in 2004. Following criminal convictions, an admissibility report was issued against him and he was transferred to immigration detention after completion of his criminal sentence in October 2013, and was awaiting deportation to Yemen due to his criminality. Ms. Gerami argued that his detention had become indefinite (after almost 2 years in detention) and that the Board’s decision was unreasonable. The Application for judicial review was allowed. The Court held that it was neither justifiable nor reasonable for the Board to conclude that Mr. Ahmed’s detention was no longer indefinite and that alternatives to detention should be considered.
The client was released from immigration detention shortly thereafter.
Case: A. Khalaf
Date: 2015-08-17
Re: Positive re-determination of Pre-removal Risk Assessment
Result: Successful Pre-removal Risk Assessment application
Details: Ms. Gerami successfully represented the client in his re-determination of his pre-removal risk assessment (PRRA) application. The success rate for PRRA applications is very low but the client was granted a positive PRRA on August 17, 2015. A senior immigration officer determined that Mr. Khalaf was a person who would be at risk if removed to his country of nationality. As a result, the client may now apply for permanent resident status in Canada as a protected person.
Case: Syrian Refugees
Date: 2015-08-05
Re: Refugee Claim
Result: The clients received a positive refugee decision.
Details: The claimants, two young Syrian nationals, were seeking protection from Canada as they feared they would face directs threats to their lives (i.e. risk of being kidnapped, raped or killed), being single women in the context of an extremely dangerous and volatile environment and present security conditions. Extensive documentary evidence was also submitted to the IRB in support of their claim.
Ms. Gerami successfully represented the clients at their refugee hearing. The clients were found to be convention refugees at the conclusion of their hearing.
Case: S. Ebanda
Date: 2015-07-29
Re: Judicial Review of Negative H&C Application
Result: Department of Justice (DOJ) consented to return the matter for redetermination before a new immigration officer.
Details: The Client retained Gerami Law to judicially review a negative decision on her application for permanent residence based on humanitarian and compassionate grounds. On receipt of our submissions, in which Gerami Law argued the significant errors made by the initial decision-maker, DOJ consented to process the application anew.
Case: J. Muffareh
Date: 2015-07-17
Re: Appeal of Spousal sponsorship
Result: Successful appeal of spousal sponsorship application before the Immigration Appeal Division (IAD)
Details: The client had applied to sponsor his wife who was living in Kuwait as a stateless Bidoon with their two minor Canadian children. The sponsorship was refused for failure to provide medical exam results. Ms. Gerami took carriage of the file from the client’s previous lawyer and successfully sought an appeal of the negative decision before the IAD. The medical exams results were provided to CIC and the appeal was allowed. The officer’s decision to refuse the permanent resident visa to the application was set aside and the officer had to continue to process the application.
Case: Ahmed v. Canada (Citizenship and Immigration), 2015 FC 792
Date: 2015-06-24
Re: Successful Judicial Review Hearing before the Federal Court
Result: Judicial Review was allowed. The Court found the Board’s decision to be unreasonable and it was set aside.
Details: The client had been in immigration detention for 20 months following an admissibility report that was issued due to his past criminal convictions. The Minister unsuccessfully tried to deport the client on several occasions to his country of origin, Yemen but was unable to do so because of the ongoing civil war and volatile country conditions. The Court found the Board’s decision was unreasonable as it did not properly weigh and consider the length of detention, past and future of the client. Removal options offered by Minister were unrealistic (i.e. no stable and safe route to deport him to Yemen because of volatile civil war conditions). Decision of the Board was based on “an anticipation of available processes” and not concrete “existing processes”.
Application for Judicial Review was granted. The Board’s decision was set aside. The next detention review had to be determined in accordance with the Court’s decision and reasons.
Case: B.S.O.
Date: 2015-05-12
Re: Positive Re-determination of refugee claim at the RPD
Result: Successful Re-determination of client’s refugee claim at the RPD (refugee protection granted)
Details:
The Client had a well-founded fear of persecution as a single Congolese woman without any support and at risk of gender-based violence. The RPD found her to be a credible witness and believed her allegations of abuse and risk to her life if she returned to Congo. Ms. Gerami successfully represented the client at her RPD hearing and she was found to be a positive convention refugee on the basis of her membership in a particular social group, namely women.
Case: Abdalghader v. Canada (Citizenship and Immigration), 2015 FC 581
Date: 2015-05-05
Re: Successful Judicial Review Hearing of negative refugee decision
Result: The RPD’s decision was quashed and the matter was sent back for reconsideration before a different constituted panel
Details: The clients were from Libya. They were parents to a minor Canadian child. They claimed refugee protection in May 2011 and the RPD rejected the claim in March 2014. They claimed fear on the ground of political opinion. The RPD found a possibility of an internal flight alternative (IFA) and determined that an IFA existed in Tripoli. Ms. Gerami argued that the RPD erred in its application of the test for IFA, as it did not consider the country conditions in Libya or Tripoli, failed to assess the impact on the Canadian minor child and also did not consider an important psychological report in its test for the IFA.
The Application for judicial review was granted. The matter was set back for reconsideration by a differently constituted panel at the RPD.
Case: D. S. et al.
Date: 2015-04-13
Re: Open Work Permit Application
Result: The clients were granted open work permits in Canada.
Details: The client and his wife are Ukrainian nationals, who came to Canada on a temporary basis, when he obtained a permit to work for a specific employer in the field of performing arts. The client wanted to be able to work for other employers and pursue unpaid career opportunities. Gerami Law represented him on his application to change and extend his work permit. Citizenship and Immigration Canada approved the application and granted the client and his wife open work permits.
Case: Etienne v. Canada (Public Safety and Emergency Preparedness), 2015 FC 415
Date: 2015-04-02
Re: Successful Judicial Review Hearing at Federal Court (Refusal by CBSA to defer removal)
Result: Judicial review application allowed; CBSA decision refusing to defer the removal of the clients was quashed by the Court
Details: The clients (parents and 3 children) were failed refugee claimants originally from Haiti. The RPD rejected their claims because of a possible IFA in London, UK as they were citizens of Turks and Caicos, a British Overseas Territory. A removal order was issued against the family. CBSA would not accept the clients’ proposed itinerary to London, UK unless they could present documentation from the British authorities permitting them to be removed to the UK. In August 2013, they received a negative decision of their deferral of removal request. They retained Gerami Law to file a judicial review application of the negative decision. Ms. Gerami argued that the officer failed to consider the evidence of new risk to their child and failed to consider evidence of a pre-existing and unassessed risk to the Etienne family. The Court allowed the application and the decision of the enforcement officer was quashed.
Case: DC
Date: 2015-02-13
Re: Intercompany Transfer of Key Employees
Result: The Client was able to bring two of his key employees to Canada to work in his Canadian company.
Details: The Client works in the high-tech industry and was interested in bringing employees to Canada with highly specialized knowledge to enhance the competitiveness of his business. Gerami Law PC discussed all the options available to him and successfully assisted in obtaining work permits for those employees.
Case: B. Abdalghader et. al
Date: 2015-01-28
Re: Judicial Review Leave Application, Extension of Time and Stay of Removal Motion Before the Federal Court
Details: The clients are Libyan nationals and their refugee claim was denied by the RPD. They were out of time, but wished to appeal their case to the Federal Court. Gerami law represented them on their judicial review leave application and extension of time. The Court granted leave in their judicial review and also allowed the extension of time. The client’s removal was also cancelled the day after Gerami Law filed a stay of removal motion with the Federal Court.
Case: H. Islamian
Date: 2015-01-26
Re: Spousal Sponsorship Application
Result: The clients succeeded in their spousal sponsorship application.
Details: The clients met in India through their families. They spent a summer together and fell in love. Their relationship continued and evolved over 2 years and they decided to get married. Their sponsorship application was prepared by Gerami Law, and they received a positive response in early January 2015.
Case: H. Glamaticome
Date: 2015-01-15
Re: Humanitarian and Compassionate Permanent Residency Application
Result: The clients succeeded in their H&C PR application.
Details: The client was a citizen of United States but her daughters were both born in Canada. She wished to remain in Canada and reside here but her husband was not eligible to sponsor her. As such her H&C factors were assessed and she retained Gerami Law to prepare her H&C application. Her application was granted and she is now able remain in Canada with her family.
Case: A. Khalaf
Date: 2015-01-12
Re: Judicial Review Leave Application Before Federal Court
Result: The clients received leave from Federal Court and a hearing was granted for his case.
Details: The client is a stateless individual and a failed refugee claimant who received a negative decision on his pre-removal risk assessment. Gerami Law represented him on his leave application to the Federal Court. The Court reviewed the arguments made by Gerami Law on his behalf and agreed to consider his application on its merits, granting leave and scheduling an oral hearing for his case.
Case: Kosovo Refugee Claimant
Date: 2014-12-10
Re: Refugee Claim
Result: The clients received a positive refugee decision.
Details: The client was a Bosniak and had been targeted for a number of years. Her mother is a positive refugee claimant. She was over the age for being sponsored by her and had remained back in Kosovo to work for human rights organizations and also as a translator of sensitive documents for an international organization. She was targeted and the persecution escalated to a point where she decided to leave her country. The Board was impressed by her credible and candid testimony and all of the supporting evidence presented in her case. It was argued that she would be particularly at risk as a woman and after hearing evidence from the client and submissions by Gerami Law, the Board granted her refugee claim.
Case: Live-in Caregiver – anonymous
Date: 2014-12-02
Re: H&C Application
Result: The clients received a positive humanitarian and compassionate application.
Details: The clients was a live in caregiver but because of a situation of abuse had been forced to change her employer. She did not meet all her live in requirements and Gerami Law submitted an H&C application for her. In her application, the impact of her return to the Philippines on her daughter was explained, along with legal submissions on the best interest of the child. Her H&C application was approved by CIC.
Case: Afghan Refugees
Date: 2014-11-25
Re: Refugee Claim
Result: The clients received a positive refugee decision.
Details: The clients were brother and sister from Afghanistan, both highly educated. They were targeted by government authorities for their human rights activities, their westernized education and their return to work in their country after completing a western education. The Board Member heard testimony from the claimants and was most impressed by the thorough documentary evidence submitted in their case and their testimony. The clients received a positive decision immediately from the Board Member.
Case: Iranian Refugee
Date: 2014-11-12
Re: Refugee Claim
Result: The clients received a positive refugee decision.
Details: The clients were nationals of Iran. As Sunni Muslims they had faced persecution for numerous years at the hands of government officials. The Board heard testimony from the mother and the older son on the details of the mistreatment they received, asked questions on why they left the country and feared to return, and decided that their testimony was consistent and credible. The clients were successful in their refugee claim.
Case: Etienne v. Minister of Citizenship and Immigration
Date: 2014-10-06
Re: Judicial Review of Humanitarian and Compassionate Applicant Granted
Details: The Applicants filed their H&C application, but the decision-maker failed to be alert, alive and sensitive to the best interest of their child. The child suffers from PTSD and had presented evidence from an expert that returning to his country of origin would result in significant worsening of his condition. The Court held that the decision-maker’s approach to assessing the best interest of the child was erroneous.
Case: SUN v. MPSEP
Date: 2014-08-18
Re: Deferral of Removal Request Granted by CBSA
Result: Ms. Gerami filed a Deferral of Removal Request to CBSA and the CBSA Officer consented to defer the Applicant`s removal until the court hears his criminal appeal and if granted a new trial, until the completion of his new trial.
Details: The Applicant is was found inadmissible to Canada after pleading guilty to failure to provide a breath sample and assaulting a police officer. Based on inadequate legal representation by his former defence lawyer, the Applicant pled guilty to these charges rather than exercising his right to a trial. Ms. Gerami gather evidence to demonstrate the inadequacy of legal representation, sought and obtained an extension of time to appeal the client’s criminal conviction, and also obtained an order from the Superior Court of Justice staying the client’s conviction and sentencing pending his criminal appeal. On that basis, the CBSA Officer agreed to defer the Applicant’s removal from Canada.
Case: Khalaf v. MCI
Date: 2014-08-14
Re: Judicial Review Leave Application granted by the Federal Court
Result: Leave Granted on August 14, 2014, judicial review hearing pending.
Details: The Federal Court grants leave in a case appealing negative decision on the client’s humanitarian and compassionate application. Ms. Gerami to argue the case before the Federal Court on October 6, 2014.
Case: Odia v. MCI
Date: 2014-07-08
Re: Successful judicial review hearing before the Federal Court, quashing the negative decision of the Refugee Protection Division and sending it back for re-determination before a different Panel Member.
Details: The client was a citizen of the Democratic Republic of Congo and applied for a refugee claim based on persecution she experienced in that country. At her refugee hearing before the Refugee Protection Division, the Board Member did not find her story credible and made negative plausibility findings. The Federal Court granted her judicial review and held that the Refugee Protection Division was not alert and sensitive to her gender, social, cultural, economic and religious norms, and failed to apply the principles enshrined in the Gender Guidelines.
Case: Simon K.
Date: 2014-07-07
Re: Successful Work Visa Application and LMO Exemption
Result: Gerami Law prepared client’s work visa application, and the client was granted an LMO exemption and work visa to complete a one year medical fellowship in Canada.
Details: The client is a German citizen who wished to accept a one year employment contract in Canada to complete his medical fellowship. Part of his employment contract was paid by a grant in Germany and the other half by his employer in Canada. Gerami Law prepared legal submissions on the applicability of an LMO exemption, as well as a concise and complete application package together with all the supporting documentations. The client’s application was successful and he received his work visa on July, 7 2014.
Case: Sonia E.
Date: 2014-07-04
Re: Successful Detention Review
Result: Ms. Luna-Martine Jean represented client at her detention review and she was ordered released on July 4, 2014.
Details: The client was arrested after she was forced to breach her CBSA conditions due to safety reasons. The client’s surety had assaulted her and she was not able to continue to reside with him as required by her conditions. The client had called the police and reported the assault but the police had not arrested the surety as he had denied the assault. The client then reported this to the CBSA and CBSA detained the client for failing to abide by her conditions. At her detention review, Ms. Jean argued that the only reason why the client had been forced to breach her conditions to ensure her safety and under the circumstances none of of the factors justifying detention applied in her case. The Board Member agreed and ordered her immediate release.
Case: Karina I.
Date: 2014-06-23
Re: Successful Permanent Residency Visa (Canadian Experience Class)
Result: Gerami Law prepared client’s permanent residency application for the Canadian Experience Class category and she obtained her PR visa on June 23, 2014.
Details: Gerami Law represented client throughout the application process, prepared a concise and complete application package together with all the supporting documentations. The client’s application was successful and she received her Permanent Resident Visa on June 23, 2014.
Case: LISME v. MPSEP
Date: 2014-04-16
Re: Stay of removal before the Federal Court
Details: The Applicant is bisexual and the Respondent was seeking to remove her to Cameroon, where the laws against lesbians, bisexuals and homosexuals are currently being enforced. The Applicant received a negative pre-removal risk assessment and consulted with Ms. Gerami to bring an application before the Federal Court to seek leave for judicial review of that decision, and also to bring forth an emergency stay of removal motion to prevent her deportation. After filing her notice of appeal for judicial review and her stay of removal motion materials, the Respondent consented to the Applicant`s stay of removal.
Case: Anonymous
Date: 2014-04-11
Re: Appeal of Negative Refugee Decision
Result: Gerami Law argued and won the case before the Refugee Appeal Division.
Details: Gerami Law appealed a decision of the Refugee Protection Division, based on new evidence. The Claimant was granted an oral hearing and Gerami Law presented new documentary evidence. The Refugee Appeal Division overturned the decision of the Refugee Protection Division, and substituted the determination that the claimant was a “Convention Refugee”.
Case: Etienne v. MPSEP
Date: 2014-03-17
Re: Motion for Judgment before the Federal Court
Details: The Respondent brought a motion for judgment arguing that the Applicant’s judicial review application was moot, since the Applicant received the relief it sought in this case. The Minister conceded that the Enforcement Officer’s actions were illegal because the best interest of the child had not been considered. Ms. Gerami argued, that even if the case was moot, the Court should hear the case in the interest of justice, particularly because the Canadian Association of Refugee Lawyers has sought leave to be added a party or intervene in the case, and also considering the impact on other refugees in similar circumstances whose constitutional rights were similarly affected. Honourable Mr. Justice Zinn agreed with the Applicant and dismissed the Minister’s Motion. He held, “In this case, determining the issue of the constitutionality of paragraph 112(2)(b.1) is exactly the role of the Court.”
Case: Failed Refugee Claimant
Date: 2014-03-17
Re: Application to introduce new evidence before the Refugee Appeal Division (RAD)
Results: The RAD granted the foreign national a hearing to examine new evidence, which is only done in exceptional circumstances.
Details: Following the hearing before the Refugee Protection Division (RPD), new evidence emerged that was relevant to the refugee claim. Further, the evidence went directly to an issue that was before the RPD. As appeals before the RAD are normally conducted based on written material (the Appellant’s Record), the foreign national was required to meet specific legal requirements to file new evidence and to receive a hearing based on that evidence. Lawyers at Gerami Law PC successfully argued that the evidence was relevant, had probative value, and that if accepted, would support a finding that the foreign national was a Convention refugee.
Case: Khalaf v. MPSEP
Date: 2014-02-09
Re: Emergency Stay of Removal Motion before the Federal Court
Details: Mr. Khalaf suffered from a serious medical condition and had additional evidence of risk that had not been before the Refugee Protection Division when it rendered a negative decision in his case. Mr. Khalaf had filed a timely humanitarian and compassionate application and would also become eligible for a pre-removal risk assessment in May 2014. Ms. Gerami argued that Mr. Khalaf would suffer irreparable harm if he were removed from Canada. She also explained the serious issue before the court, namely that the Enforcement Officer’s decision not to defer the removal of Mr. Khalaf was unreasonable in light of the evidence from the Applicant’s doctor that was presented to him. Honourable Madam Justice Gleason agreed with the Applicant’s position, granting a stay of his removal from Canada.
Case: Syrian refugee
Date: 2014-01-13
Result: Positive decision from the bench
Details: Gerami Law PC successfully represented a Syrian refugee claimant before the Refugee Protection Division of the Immigration and Refugee Board of Canada, obtaining a positive decision from the bench.
Case: Etienne v. MPSEP
Date: 2013-12-24
Re: Judicial Review Leave Application before the Federal Court
Result: Leave Granted on December 24, 2013, judicial review hearing pending
Details: The Federal Court grants leave in a case challenging the constitutionality of new immigration legislation implementing a one year bar to pre-removal risk assessments. Ms. Gerami to argue the case before the Federal Court on March 25, 2014.
Case: JE v. MPSEP
Date: 2013-12-24
Re: Emergency Stay of Removal Motion before the Federal Court
Result: Stay of removal granted
Details: Ms. Gerami succeeded on a stay of removal motion before the Honourable Mr. Justice Zinn. The Applicant’s argument focused on the irreparable harm that would result to the family’s youngest son who suffers from post-traumatic stress disorder if removed from Canada. Ms. Gerami argued that this child was entitled to a risk assessment before he was removed from Canada and he would become entitled to one in just a few days from the date the family’s removal was scheduled. The Officer refused to defer the removal, despite clear evidence of risk from the child’s psychiatrist. The Court heard the motion, agreed that “as soon as possible” in subsection 48(2) must mean “as soon as possible” and granted the stay of removal.
Case: Afghani refugee
Date: 2013-11-18
Result: Positive decision from the bench
Result: Gerami Law PC successfully represented refugee claimants before the Refugee Protection Division of the Immigration and Refugee Board of Canada, obtaining a positive decision from the bench.
Case: Foreign Worker
Date: 2013-11-04
Result: Citizenship and Immigration Canada issued a work permit to the foreign national, recognizing that they would bring a significant and cultural benefit to Canada.
Re: Application for an LMO-exempt work permit under s. 205(a) of the IRPR
Details: The foreign national studied and taught music in several countries. They were also members of several orchestras and performed across the globe. The foreign national later studied music in Canada and worked for a few years after graduating. Given the nature of their occupation, however, it was difficult to find employment with a single employer. The foreign national hired Gerami Law PC to prepare and submit an application for a work permit. Lawyers at the firm successfully demonstrated that the music teacher and freelance musician would bring a significant and cultural benefit to Canada.
Case: Egyptian refugee
Date: 2013-10-11
Result: Positive decision from the bench
Details: Gerami Law PC successfully represented refugee claimants before the Refugee Protection Division of the Immigration and Refugee Board of Canada, obtaining a positive decision from the bench.
Case: International Student
Date: 2013-08-12
Re: Application for a study permit from outside Canada
Result: Citizenship and Immigration Canada granted the study permit, determining that the foreign national met all the requirements under the IRPA.
Details: The foreign national unsuccessfully applied several times for a study permit from their country of residence. The visa officer was not satisfied that they met the legal requirements, including the minimum funds requirement. Only a few weeks before the start of their university program in Canada, the foreign national contacted Gerami Law PC to inquire about the mistakes in their failed applications, and to request assistance in preparing a new application. The legal team reviewed the foreign national’s previous applications, identified the problems, proposed effective solutions, and submitted a new study permit application. In less than three weeks after contacting Gerami Law PC, the foreign national was issued a study permit. Not a single day of class was missed.
Case: HM v. MPSEP
Date: 2013-08-01
Re: Detention review before the IRB
Result: Successful detention review
Details: Gerami Law PC successfully argued the release of a client from an immigration hold at a detention review before the Immigration Division (ID) of the Immigration and Refugee Board (IRB).
Case: Foreign Worker
Date: 2013-07-22
Result: Citizenship and Immigration Canada issued a work permit to the foreign national, finding that they would create economic benefits or opportunities for Canadian citizens or permanent residents.
Re: Application for an LMO-exempt work permit under s. 205(a) of the IRPR
Details: The foreign national worked as a general renovations contractor outside of Canada for several years. They operated their own business and acquired extensive experience in that field of work. Clients were always satisfied with the quality of the work. The foreign national was granted an open work permit and worked in Canada for several years, having established a presence in Ontario. They approached Gerami Law PC and sought its lawyers’ assistance in preparing and submitting an application to extend and vary their work permit. The firm successfully argued that the foreign national should be granted a work permit without the need of a Labour Market Opinion, showing that they would create and maintain an economic benefit for Canadians.
Case: Collins v. Attorney General of Canada
Date: 2013-04-16
Re: Human Rights Appeal before the Federal Court of Appeal
Result: Appeal granted and successfully argued
Details: Ms. Arghavan Gerami and Paul Champ successfully argued a human rights appeal before the Federal Court of Appeal (‘FCA’) in Collins v. Attorney General of Canada. The client was awarded costs at the FCA and costs for the proceedings in the court below (Federal Court judicial review proceedings).
Case: BK v. Attorney General of Canada
Date: 2013-02-26
Re: Contested Adjournment Motion
Result: Motion Granted before the Superior Court of Justice
Details: 2013-02-26: Gerami Law PC won contested adjournment motion and was awarded full costs by Honourable Justice Ratushny in BK v. Attorney General of Canada.
Case: IK v. MPSEP
Date: 2012-10-19
Re: Emergency Stay of Removal Motion
Result: Stay of removal granted
Details: Gerami Law PC successfully argued Stay of Removal motion in the case of IA v The Minister of Public Safety and Emergency Preparedness. The Court agreed that irreparable harm would result to the 8 month pregnant wife of the Applicant, if the Applicant was removed from Canada before the birth of his child. The Court agreed that there was a serious issue before the Court and the balance of convenience also say in the Applicant’s favour.
