Triumphing Over Challenges: A Client’s Success Story in Canada Border Services Agency Act Immigration Law

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As LexLords Canada Immigration Lawyers, we have had the privilege to provide legal support to many individuals and families navigating through the Canada immigration process. In this post, we recount an inspiring story where we supported a client facing legal issues under the Canada Border Services Agency Act Immigration Law. Please note that while we will be sharing intricate details of the case, our client’s confidentiality and anonymity will be respected.

The Challenge

• Our client had been detained by the Canada Border Services Agency (CBSA) because of alleged violations of immigration laws as delineated in the Immigration and Refugee Protection Act (IRPA).
• The client’s immigration status was under threat, resulting in fear and uncertainty around a possible deportation.

Our Approach

1. We first examined the grounds on which our client had been arrested under IRPA. We referred to case law, legislative interpretation and relevant sections of the CBSA Act.
2. Next, we worked on building a comprehensive defense strategy. This included:
   • Collecting substantial evidence, affidavits and testimonies that supported our client’s case.
   • Conducting extensive research into similar cases that had been successful in the past. For instance, we referenced Baker v. Canada (Minister of Citizenship and Immigration), a landmark case in immigration law which emphasized the importance of considering the best interests of children affected by a decision.
3. Once our defense was built, we proceeded to represent our client at the Immigration and Refugee Board where the detention review was to be carried out.

The Outcome

Our efforts bore fruit as the Board found our client’s detention unjustified and our client was released. This decision was based on several factors:

1. We demonstrated that our client did not present a danger to the public, one of the key considerations in such cases, as outlined in R. v. Sharma.
2. We provided substantial evidence proving our client’s intent to appear at all future immigration proceedings.
3. We emphasized the best interests of our client’s minor children, a key legal principle established by the aforementioned Baker case.

In the end, our client was able to retain his status and continue living in Canada, reflecting our commitment to upholding justice for every individual.

As LexLords Canada Immigration Lawyers, we specialize in dealing with complex immigration cases. If you or someone you know is facing an immigration issue, don’t hesitate to contact us for help.