Immigration litigation covers a broad range of issues that may arise when you try to migrate to Canada. While many immigrants experience a smooth process that requires no court time, that’s not the case for everyone.
We help when:
- Your visa application is denied, or you are refused entry to Canada.
- You’re a refugee, which means you will have to go through the refugee claims process.
- You are facing deportation.
- You’ve been arrested and detained by the Canada Border Services Agency.
- You’re under investigation by the CBSA.
- You need to appeal any immigration decision.
- You’ve been ordered to appear for an admissibility hearing.
- Immigration authorities are accusing you of failing to meet your residency obligations.
Immigration litigation lawyers help you by preparing your case, arguing it before the courts, and giving you top-notch advocacy throughout the process. Our litigators in particular are known for being tough and prepared. We’ve helped many individuals push their cases forward against seemingly impossible odds.
If your application for entry has been denied then you must move quickly. You have just 15 days to send the Federal Court a notice that you intend to apply for judicial review if you are in the country, 30 days for review of decisions made by citizenship judges, and 60 days for applications made outside of Canada. You may not introduce new evidence, but you may have immigration litigators like us represent you in court.
Immigration decisions may be challenged in the Federal Court of Appeal only if the claimant can demonstrate that the decision violates the law, has ignored the facts, or has breached the principles of fairness and justice.
Refugees have three options if their application is denied.
The first is a pre-removal risk assessment, or PRRA. This assessment helps the government determine whether you would be in danger of torture, persecution, or cruel and unusual treatment if you were sent back to your home country. You are only eligible for a PRRA after the removal process has begun.
To win a PRRA claim you will need to provide evidence that wasn’t available when your refugee claim was heard, and you need to be able to show there was no way to make that information available at the time that you made your claim.
If your PRRA gets accepted you will be granted Canadian permanent residency. Therefore this is a high-stakes process that must be handled carefully.
Refugees may also appeal to the Refugee Appeal Division at the Immigration and Refugee Board of Canada.
Finally, refugees may appeal and ask for judicial review the same way any other visa applicant may. This will be the only option open to someone whose PRRA has been rejected for any reason.
No matter which option you use you’ll need your case to be exceptionally strong to avoid getting sent back to your home country. Our team goes in fully prepared for the litigation process to help ensure we can bring your case to its best possible outcome.
Facing deportation due to criminal charges? We can help you fight to stay in the country and defend yourself against deportation proceedings. We’ve helped people who have overstayed their visas, people who have been charged with crime, and people who have been accused of misrepresentation. We’ve also helped individuals who are being deported for security reasons.
We start the process by requesting a deferment or a halt to the removal process. Valid reasons include a pending application for permanent residence status, as well as certain medical or educational reasons. This often fails, but we can ask for a Federal Court Stay if it does. Requesting a Federal Court Stay requires drafting a full legal argument that will be reviewed by a Federal judge, one that makes a case for you to remain in Canada.
We can also help individuals who have been removed from Canada in the past but who want to return to our country.
Arrested, Detained, or Under Investigation by CBSA
Obviously CBSA arrests and investigations are serious matters. You are now being treated as a criminal who has knowingly violated Canadian immigration law.
You will need passionate defenders who have a track record of arguing cases like yours. We can help you secure your freedom while ensuring that you get a fair hearing of your immigration case.
Once you are arrested a detention review must be conducted no more than two days after your arrest. If you are not released another review is held 7 days later. These hearings take place every 30 days after that until the migrant is either released or removed. Bail bonds may be available for release.
The Canadian government may require you to attend an admissibility hearing when they have reason to believe you are not eligible to remain in or be admitted to Canada. It is almost impossible to get a good outcome from these hearings without securing the help of an immigration litigation attorney.
Don’t Lose Your Chance to Start Your New Life in Canada!
It takes real expertise to choose the legal strategy that will help you remain in Canada, or enter Canada, when immigration officials haven’t ruled in your favor.
Our immigration attorneys have decades of experience. We’re known as some of Canada’s toughest litigators and savviest negotiators. We’ve helped thousands of migrants achieve their dreams of living, working, or studying in Canada, and we can help you, too.
From India or China? We have fluent Mandarin and Punjabi speakers on staff and can help you in your native language.
When immigration litigation is pending there’s no time to waste. If you or a family member need help, call us at (604) 394-2777 to make an appointment today. We are happy to set up a video chat appointment if you are not currently located near our office in Surrey, BC. Our team is ready to work with you!