A Celebrity's Immigration Case: Won in Court, Lost by Choice
A one-in-a-million chance that turned to dust at the very last moment
Someone once asked which of our cases over the years was the most memorable. After fifteen-plus years of practice, there is no shortage of material to sift through. This is the story that came to mind first.
It has all the ingredients: a public figure whose name would be instantly recognized, an immigration authority's error, a Federal Court challenge, a chance in a million – and a twist ending where everything turned to dust at the very last moment, through no fault of the lawyer.
A Celebrity Seeks a New Home
In 2014, a person came to us on a referral. Their name will not be mentioned here, but it is a name that would be recognized by virtually everyone in Russia and across much of the former Soviet Union. The word "celebrity" applies without the slightest exaggeration.
This person wanted to obtain permanent residency in Canada. They had fallen out of political favour at home, and the fallout threatened to destroy a career, plans, and everything connected to them.
The Immigration Landscape of the Time
To understand this case, it helps to recall what Canadian immigration looked like in those years.
By 2012, the authorities had realized that applications under the flagship Federal Skilled Worker program were arriving in overwhelming numbers – far more than Canada could process or absorb. In July 2012, the program was closed to most applicants.
In 2013, the program reopened under new rules. Among the changes was a list of eligible occupations – only candidates whose professions appeared on this list could apply for permanent residency through Federal Skilled Worker.
In 2014, the restrictions tightened further. The volume of applications remained unmanageably high, so quotas were introduced: no more than 1,000 applications per occupation, across 50 eligible professions. Quotas for the most popular occupations filled almost instantly. Even the less popular ones filled eventually.
2015 was approaching – the year of Express Entry, a fundamentally new selection system that would complicate and radically transform the immigration process into the form we know today.
Filing the Application
It was in the middle of 2014 that our client came forward. The year was a difficult one – everyone could hear the gates of immigration creaking shut, and enormous effort was being spent to make it through before they slammed closed.
This person's immigration path became possible through a series of fortunate coincidences: in a "previous life" they had the required year of work experience in one of the eligible occupations, the quota for that occupation had not yet been filled, and their English was at a sufficient level. The introduction of Express Entry was still months away – enough time, with serious effort, to prepare and file a Federal Skilled Worker application. The preparation involved taking a language test and obtaining an educational credential assessment, so the work truly needed to be fast.
The application was filed in the final weeks of 2014. In those days, applications were submitted by mail, on paper. This particular package ran to approximately 170 pages and weighed three-quarters of a kilogram.
An Unexpected Setback
Trouble arrived in early 2015. The immigration authorities returned the application, stating they did not find sufficient evidence that the applicant met the requirements for the claimed eligible occupation.
In plain terms: "Your occupation is anything you like, but not from the list of eligible ones, so your application will not be processed."
In earlier years, the simplest solution would have been to resubmit – the documents were ready, the processing fee had been refunded, all that was needed was stronger arguments and better evidence. But this time that door was shut: it was now 2015, applications were only being accepted through Express Entry, and reaching the required score was not feasible.
Since the authorities' decision was plainly wrong, only one option remained to overturn it and restore the application to processing: apply to the Federal Court.
Federal Court
The process followed the standard sequence: a notice of intent to seek judicial review was served on immigration; the authorities responded with a detailed justification of their decision (sent by fax!); after studying their reasoning and identifying clear errors and procedural failures, a court application was prepared. It was filed in March 2015. Court filings, too, were submitted on paper – it was only much later, during the COVID pandemic, that the court finally moved away from the archaic practice of paper and fax. The application ran to approximately 60 pages, and the rules required four complete copies.
The immigration authorities did not attempt to contest the arguments. Within just a couple of weeks, a pre-trial settlement was offered: the authorities agreed to return the immigration application to processing and allow supplementary evidence to be submitted.
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Application Approved
The application was resubmitted for processing in April 2015. From there, the process unfolded roughly as expected: clarification requests from immigration, our responses, a referral for a medical examination, a fee payment request, and finally – a notification that the application had been approved and the applicant was eligible to become a permanent resident of Canada. This came through in mid-2016.
All that remained was one simple formality: submit a passport within two months for the immigration visa stamp.
The Refusal No Court Can Fix
And this is where everything fell apart. The client flatly refused to submit their passport. The reasons behind this decision will not be discussed here – they are not important to the story, and we prefer to limit ourselves to facts that do not help identify the client.
This was the only case in our entire practice where a client voluntarily walked away from permanent residency when it was a certainty – fully approved, with nothing left but a passport stamp. It is precisely this uniqueness that makes it one of the most memorable cases we have ever handled.
Any resemblances in this story are entirely coincidental.
Lawpoint Immigration has over fifteen years of experience in Canadian immigration, including complex Federal Court proceedings. If you are considering immigrating to Canada or need help resolving an immigration issue, we are here to help.