Immigration Litigation
When an application is refused or a decision is unfair, the Federal Court and the IRB are where it gets tested. We take on judicial reviews, appeals, and hearings.
It’s your right to receive a fair and just decision on your immigration application.
Whether it’s a study or work permit, Temporary Resident Visa, or a refugee or permanent residence application, we know it’s disappointing when your immigration application is refused. However, a refused application or a Removal Order isn’t necessarily the end of your Canadian immigration dream.
What immigration litigation means
Immigration litigation involves challenging immigration decisions through formal legal processes, including appeals before tribunals and applications before the Federal Court of Canada. These proceedings focus on whether a decision was legally correct, fair, and reasonable, rather than simply re-submitting an application.
Litigation may become necessary when an application has been refused, an appeal has been dismissed, or when there are concerns that an immigration decision was unfair or unreasonable.
In many cases, litigation is the only available option to challenge a negative outcome.
We are litigation lawyers
Because of our comprehensive litigation experience in both civil and immigration law, we think of the bigger picture and all counterarguments when we prepare your initial immigration application, increasing the chance of initial approval.
Litigation involves detailed legal arguments, careful review of the record, and strategic decision-making.
It requires identifying legal errors, preparing persuasive written submissions, and, in some cases, appearing before the Federal Court.
If your application is denied, we’re the lawyers you need because our advocacy can be the most important factor in deciding whether you can stay in Canada.
What immigration litigation covers
Immigration litigation covers a broad range of applications, such as:
Immigration and Refugee Board of Canada
- Rehabilitation
- Admissibility
- Refugee claims
- Refugee appeals
- Spousal sponsorship appeals
- Residency obligation appeals
- Removal Order appeals
- Pre-Removal Risk Assessment
Federal Court
- Temporary Resident Visa
- Study permit
- Work permit
- Stays of Removal Orders
- Delayed immigration applications (Mandamus)
- Denied immigration applications (Certiorari)
- Judicial review of citizenship applications
Judicial review explained simply
Judicial review is a process where the Federal Court examines whether an immigration decision was reasonable.
It is not a new application.
Instead, the Court reviews whether the decision-maker made an error, acted unfairly, or reached an unreasonable conclusion.
If successful, the matter is typically sent back for redetermination by another immigration officer.
Timeline for litigation
Whether you’re appealing an immigration application or applying for judicial review at the Federal Court, there are strict timelines.
Though litigation may seem like the obvious answer, it just might make more sense to apply for reconsideration and address the issues that led to the initial denial.
How can Kabir & Alam assist me with litigation?
We provide strategic advice on whether to pursue reconsideration, an appeal, or judicial review, and represent clients throughout the litigation process.
Our approach focuses on identifying the strongest legal arguments, meeting strict deadlines, and presenting each case in the most effective manner possible.
Whether you want to apply for reconsideration, an appeal, or a judicial review, you should book a consultation with us today, so that we can hear your story and advise you with respect to the timeline and your next course of action.
The information on this page is general in nature and is not legal advice. Immigration law changes frequently and outcomes depend on the facts of each case. For advice about your own situation, please contact us to arrange a consultation.