Blog

Rejected Study Permit Court Hearing: Seyedsalehi v. Canada

In a recent court hearing, Mr. Samin Mortazavi successfully appealed a rejected study permit in the Federal Court of Canada. The Applicant was a citizen of Iran currently residing in Malaysia, and their study permit was refused by IRCC. The Applicant sought judicial review of the refusal, raising the issues of reasonableness and breach of procedural fairness. After hearing both sides’ submissions, the Court was satisfied that the Applicant had met the obligation of establishing …

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Overturning a Student Visa Refusal: A Victory for Romina Soltaninejad

Introduction Overturning a Student Visa Refusal: Romina Soltaninejad’s Victory Welcome to the Pax Law Corporation blog! In this blog post, we are excited to share the inspiring story of Romina Soltaninejad, a 16-year-old high school student from Iran, who sought to pursue her education in Canada. Despite facing a refusal on her student visa application, Romina’s determination and legal challenge resulted in a significant victory. Join us as we delve into the details of the …

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Understanding the Unreasonable Refusal of a Canadian Study Permit: A Case Analysis

Introduction: Welcome to the Pax Law Corporation blog! In this blog post, we will analyze a recent court decision that sheds light on the refusal of a Canadian study permit. Understanding the factors that contributed to the decision being deemed unreasonable can provide valuable insights into the immigration process. We will delve into the importance of justification, transparency, and intelligibility in immigration decisions and explore how missing evidence and failure to consider relevant factors can …

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Labour Market Impact Assessments for Business Owners

A Labour Market Impact Assessment (“LMIA”) is a document from Employment and Social Development Canada (“ESDC”) that an employee may need to obtain before hiring a foreign employee. Do You Need an LMIA? Most employers need an LMIA before hiring temporary foreign workers. Before hiring, employers must check to see if they require an LMIA. Obtaining a positive LMIA will show that a foreign worker is needed to fill the position because there are no …

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Canadian Legal System – Part 1

The development of laws in Western countries has not been a straightforward path, theorists, realists, and positivist all define law in different ways. Natural law theorists define Law in moral terms; they believe only good rules are considered law. Legal positivists defined law by looking at its source; this group believed that only the rules enacted by people with authority qualify as law. A third group, legal realists, defined law in practical terms, stating that …

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Immigration to Canada

Pathways to Permanent Residency in Canada: Study Permits

Permanent Residency in Canada After you finish your program of study in Canada, you have a path to permanent residency in Canada. But first, you need a work permit. There are two types of work permits you can get after graduation. Post-graduation work permit (“PGWP”) Other types of work permits Post-graduation work permit (“PGWP”) If you graduated from a designated learning institution (DLI), you might be eligible for a “PGWP.” The validity of your PGWP …

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Spousal Support in BC

What is Spousal Support? Spousal support (or alimony) in BC is a periodic or one-time payment from one spouse to another. The entitlement to spousal support arises under section 160 of the Family Law Act (the “FLA”). The court will consider the factors set out in section 161 of the FLA in deciding whether spousal support is appropriate in any given case. Section 162 of the FLA sets out the factors that affect the amount …

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Refused Refugee Claims – What You Can Do

If you are in Canada and have had your refugee claim application refused, some options may be available for you. However, there is no guarantee that any applicant is eligible for these processes or will be successful even if they are eligible. Experienced immigration and refugee lawyers can assist you to have the best chances of overturning your refused refugee claim. At the end of the day, Canada cares for the safety of at-risk individuals …

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Setting Aside a Prenuptial Agreement

I am often asked about the possibility of setting aside a prenuptial agreement. Some clients want to know whether a prenuptial agreement would protect them if their relationship broke down. Other clients have a prenuptial agreement that they are unhappy with and want it set aside. In this article, I will explain how prenuptial agreements are set aside. I will also write about a 2016 Supreme Court of British Columbia case where the prenuptial agreement …

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