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January 22, 2024

Augusto v. M.C.I. (IMM-5779-13)

Ms. Augusto was an international student in Canada who had graduated and completed one year of full-time work experience in Canada.  She then applied for Canadian permanent residence under the Canadian Experience Class (CEC). Immigration Canada, however, refused her application on the basis that she had not completed two years of full-time work in Canada.

Ms. Augusto retained Eastman Law Office to challenge Immigration Canada’s refusal in the Federal Court.

Eastman Law Office made several arguments to the court.

Firstly, we argued that at the time Ms. Augusto applied for permanent residence under the CEC two streams existed under the CEC category: student (education credential and one year of work experience and worker (two years of work experience).

Secondly, Eastman Law Office pointed out to the court that the new section 87.1 of the Immigration Refugee Protection Regulations, which came into effect on January 2, 2013, conferred a new benefit to CEC applicants.    Among other things, Parliament had reduced the two said streams to one, requiring only one year of work experience as a prerequisite before applying for permanent residence under the CEC category.

Finally, we submitted to the court that Ms. Augusto’s CEC application was processed on April 18, 2013, therefore the aforementioned changes to the CEC category should have been applied to her CEC application: the officer should have required her to have worked only one year in Canada, not two years.  They were not.

Before ever entering the courtroom, Immigration Canada agreed to Eastman Law Office’s legal arguments and consented to reopening Ms. Augusto’s CEC application.  The Federal Court issued a court order formalizing Immigration Canada’s consent.

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