Application for Leave and Judicial Review

There are a few ways for an immigration matter to reach the Federal Court:

• If an immigration or visa application is refused, an application for leave and judicial review to the Federal Court may be needed to be have the error corrected.
• To review the decisions of the Refugee Appeal Division, Immigration Division and the Immigration Appeal Division.

During this initial stage of the process, the applicant must demonstrate that an error was made or that the decision was in some way unfair or unreasonable. Once leave has been granted, a hearing before the court takes place to further argue and explain your reasons for appealing.

There are short filing deadlines for securing a judicial review and applicants should take immediate action and seek legal advice as soon as a negative immigration decision is received.

Contact us immediately for a consultation to discuss the possibility of a judicial review.

URGENT STAY OF REMOVAL FROM CANADA

An urgent application to stay(delay) your removal from Canada will prevent Canada Border Services
Agency to remove you from Canada.
This application can be complicated and especially time specific.
Contact us immediately when receive a letter for a meeting to update your personal information. It is
the start of your removal process.

Application for Mandamus

If an immigration application is delayed an application for mandamus may need to be made to the Federal Court.

• An order for mandamus will either force or stop Citizenship and Immigration, the Immigration Division, the Immigration Appeal Division, the Refugee Protection Division, the Refugee Appeal Division or the Canada Border Service Agency from taking a specific action.
• If your immigration decision has been in process or pending for years and you have not received a response from the government after numerous enquiries, a mandamus can force a quick and timely decision.

Contact us for a consultation to discuss the possibility of a mandamus for your case.

People with a well-founded fear of persecution, based on race, religion, nationality, membership of a specific social group or political opinion, as well as those at risk of torture or cruel and unusual treatment or punishment may seek to be admitted to Canada as a refugee. Individuals may apply from outside Canada through the refugee and humanitarian resettlement program or inside Canada through the in-Canada refugee protection program.

If the Refugee Protection Division rejects a claim for refugee protection a claimant may appeal the decision.

Contact us for a consultation to discuss the possibility of a refugee claim for your situation.

INADMISSIBILITY

There are various reasons a temporary resident or foreign national may be found inadmissible, including if the person:

• Was convicted of an offence in Canada;
• Was convicted of an offence outside of Canada that is considered a crime in Canada
• Committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.

To determine inadmissibility, we can assist with equating foreign convictions to Canadian law, as if they had occurred in Canada.

• Convictions / Offences outside Canada

  If you were convicted of or committed a criminal offence outside Canada, you may overcome this criminal inadmissibility by applying for rehabilitation, or you may be deemed to have been rehabilitated if at least ten years have passed since you completed the sentence imposed upon you, or since you committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than ten years.

• Convictions / Offences in Canada

  If you have a criminal conviction in Canada, you must seek a record suspension (formerly a pardon) from the Parole Board of Canada before you will be admissible to Canada.

Contact us for a consultation to discuss overcoming admissibility issues for your case.

Foreign nationals or permanent residents who are believed to have violated the Immigration and Refugee Protection Act (IRPA) are subject to removal orders, or required to appear at admissibility hearings before the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB).

has failed in some way to comply with IRPA

• Is a security threat
• Has violated human or international rights
• Has been involved in crime or organized crime
• Has engaged in misrepresentation, such as claiming a false identity
• Has a health condition (in some cases)
• Does not have enough money to support him or herself
• Is accompanying an inadmissible family member.

Canada Border Service Agency may detain a foreign national or permanent resident for the following reasons:

• He or she is unlikely to appear for a hearing or removal
• He or she is a danger to the public or has violated human or international rights, or
• He or she has not established their identity.

The Immigration Division conduct detention reviews

• Within 48 hours of the initial detention,
• Then within 7 days of that first review.
• After that, the ID reviews the grounds for detention at least every 30 days.

Contact us for a consultation to discuss detention review issues you may face.

Appeal the following negative decisions – sponsorship applications, inadmissibility on grounds of criminality, residency obligations, medical grounds, and adoptions.

• Are you eligible to appeal a negative decision?
• Which forum is correct for your appeal – The Immigration Division, the Immigration Appeal Division or the Federal Court?
• Have you been refused in Canada or overseas?
• Are you facing deportation?
• Do you believe you have received an unfair decision?
• Have you been refused permanent or temporary entry to Canada?

We can assist you in identifying the correct forum to appeal negative decisions.