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Litigation
Judicial review
Judicial review is a legal process that allows courts to review decisions made by administrative bodies or tribunals to ensure they are reasonable, fair, and lawful. The process typically begins when an individual affected by an immigration decision seeks recourse through the Federal Court of Canada. Grounds for seeking judicial review may include procedural errors, incorrect application of the law, and violations of natural justice principles.
If the court finds that a decision was unlawful or unreasonable, it may quash the decision and, in some cases, remit the matter back to the decision-maker for reconsideration. Judicial review serves as a crucial safeguard against arbitrary or unjust decisions in immigration matters, ensuring that individuals receive fair treatment and protection of their rights under Canadian law.
In immigration matters
An application for leave and judicial review needs to be filed within 15 days (for a matter arising in Canada) or 60 days (outside of Canada) from the day of notification of decision or order.
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In citizenship matters
You have to file it within 30 days after notification of decision to file an application for leave and judicial review.
Judicial review process is very complicated and seeking legal advise is strongly recommended. As lawyers, we can assist in filing applications for leave and judicial review within the specified time frames for immigration and citizenship matters to ensure our clients' rights are protected.
Immigration appeals
Immigration appeal division (IAD) hears appeals on the following matters:
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Sponsorship Appeal
If you sponsored a family member and their application receives refusal you have the right to appeal to the Immigration Appeal Division. It gives you a fair chance to explain why you think the visa should be accepted. Only a Permanent resident or Canadian citizens who applied to sponsor their family members to Canada and received refusal can file an appeal.
You only have 30 days to appeal to the IAD after receiving decision from the IRCC.
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Residency Appeal
An individual after becoming the permanent resident of Canada has the duty to meet the residency requirements and obligation which is to be physically present in Canada for at least 730 days in the preceding 5-years period.
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If the immigration officer decides that you did not meet the residency obligation and refuses to issue you travel document that you need to come back to Canada, you have the right to appeal to IAD. To win your appeal, you need to establish that you were in Canada for the required time, prove you had allowable reasons to stay outside of Canada, or show that you have humanitarian and compassionate reasons for your appeal.
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Removal order
If you are a permanent resident of Canada, foreign national with a permanent resident visa, a convention refugee or a protected person and have received a removal order, you have the right to appeal the decision to the IAD. You only have 30 days from the date of receiving removal order to file your appeal. IAD’s decision can be reviewed by the Federal Court of Canada on your request.
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Respond to Minister’s Appeal
The Minister of public safety has the right to appeal the Immigration Divisions decision allowing you to stay in Canada. If the minister is not satisfied and believes that you are inadmissible, they have 30 days from the Immigration division’s decision to file an appeal to IAD. In this situation, your role is to respond to this appeal stating why you should stay in Canada.
Inadmissibility
A person can be inadmissible due to various reasons
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Security Reasons
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Violation of human or international rights
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Being part of organized crimes
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Committing a crime, including impaired driving
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Medical reasons
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Financial reasons
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Misrepresentation
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Failure to comply with provisions of the Immigration and Refugee Protection Act
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Having an inadmissible family member
Inadmissibility can lead to denial of entry to Canada or even refusal to obtain or maintain Permanent Resident status.
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Dealing with Inadmissibility
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If you are found inadmissible due to criminality, you have the option to convince the immigration officer that you meet the legal terms to be deemed rehabilitated, have applied for rehabilitation and were approved, were granted a record suspension, or have a temporary resident permit.
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If a person is found inadmissible on grounds of security, violations of human or international rights, or organized criminality, they can ask for a ministerial relief.
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If a person is found inadmissible, they will receive a procedural fairness letter. This letter is sent before making a final decision on the application. Individuals get an opportunity to respond to this letter usually within 90 days from the date of this letter.
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Humanitarian and compassionate applications can be made in order to stay in Canada even after the finding of inadmissibility due to various reasons.
Certain types of inadmissibility can be overcome, but it needs extensive assessment of your unique situation to know whether you stand a chance or not. We can help you assess your situation and guide you with the best possible options available.
Refugee appeals
If a person receives a negative decision on their refugee claim, they can appeal to the Refugee Appeal Division (RAD). You must file your notice of appeal to the RAD within 15 days after the decision from Refugee Protection Division (RPD). Also, sometimes the Minister appeals the decision of RPD for granting refugee protection, then response has to be filed for that appeal. The RAD provides a forum for appellants to present new evidence or arguments that were not previously considered by the RPD. This allows for a thorough review of the case to ensure that all relevant factors are considered. The appeal process is designed to be fair and impartial, with independent decision-makers assessing each case on its individual merits. Throughout the appeal process, appellants have the right to legal representation and interpretation services to ensure their voices are heard and their rights protected. The RAD considers not only the legal aspects of the case but also the humanitarian and compassionate considerations, recognizing the potentially life-threatening consequences of returning individuals to dangerous situations.
Types of decisions at a RAD hearing
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Decision of RPD is confirmed
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Decision of RPD is set aside
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Case is referred back to RPD
Some situations due to which you are ineligible to appeal
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You are a designated foreign national.
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If your refugee protection claim was abandoned or withdrawn.
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RDP declares that your claim has no credible basis or is manifestly unfounded.
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If you made your claim at a land border with the US and the claim was referred to the RPD as an exception to the safe third country agreement.
Overall, the refugee appeal process in Canada plays a vital role in upholding the country's commitment to providing refuge to those in need, ensuring that decisions regarding refugee status are made fairly and with full consideration of all relevant factors.​​
Detention Review
Canada Border Services Agency (CBSA) has the right to detain a foreign national or permanent resident of Canada if they have a reasonable ground to do so. Reasonable grounds can be danger to public, risk of flight, inadmissibility, and identity has not been established. The person detained has the right of detention review hearing to be held within 48 hours of being detained. In the hearing the member will decide whether the person should be kept in detention or should be released. If the member decides to release, there might be some conditions imposed. On the other hand, if the detention is continued, another detention review is held within 7 days. The process of detention review continues till the order for release is made.
The detention process in Canada presents a multifaceted challenge within the immigration framework, posing significant legal and human rights considerations. Reviews of detention, conducted by the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB), are pivotal in assessing the legality and necessity of detaining individuals. The Immigration and Refugee Protection Act (IRPA) delineates the authority to detain individuals for immigration purposes, emphasizing on employing the least restrictive measures possible. These detention reviews are essential for upholding Canada's legal commitments and safeguarding the rights of individuals.
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Rights of detained persons
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Right to legal representation
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Right to be informed of the reasons why they are held in detention
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Right to interpreter
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