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Immigration litigation may be your last resort when your immigration application gets denied or when you are refused entry to Canada.
When you’re facing deportation, must navigate the refugee claims process, are having trouble with CBSA, or need to appeal any immigration decision, our team is there to support you. From attending admissibility hearings with you to defending the way you’ve met your residency obligations during your time in Canada, we come fully prepared to argue your case.
Ideally you’ll have hired us long before litigation becomes an issue. Preventing litigation is one reason why involving an immigration attorney from Day 1 is so beneficial. Nevertheless we can, in many cases, help when you have gone without representation in the past and need to correct a major problem that has arisen as a result.
What Can You Do If Your Immigration Application has Been Denied?
If your application is a permanent residency application of any kind then you can file an appeal.
If you are trying to get some other kind of application approved then you can ask the Federal Court for a judicial review. A judicial review is not an appeal, and you will not be allowed to present the court with new evidence. Instead, judges get the opportunity to overturn the decision if they find that it violates the law, has ignored the facts, or has breached principles of fairness and justice.
There are deadlines you must meet in any case.
- If you are in the country and intend to apply for judicial review, you must send the notice within 15 days.
- If the decision was made by a citizenship judge, you get 30 days.
- If you are not in the country, then you get 60 days.
We issue the notice on your behalf and represent your interests in court. We can, for example, make a legal argument to the federal court as to which facts immigration officials ignored and why the decision they made was unjust.
Help for Refugee Claimants
For many refugee claimants the next step is going to request a PRRA, or pre-removal risk assessment. The assessment helps you prove that you would be in danger of torture, persecution, or cruel and unusual treatment should you be returned to your home country.
PRRAs only take place after the removal process has begun. To win them you must:
- Provide new evidence. New evidence is only admissible if it was not available at the time when your initial refugee claim was heard.
- Demonstrate there was no way to make that information available at the time when your initial refugee claim was heard.
PRRAs are high-stakes processes. When they fail, they result in final removal and the closure of your refugee claim. When they succeed you are granted PR status in Canada, incurring all the rights and responsibilities of other PRs.
Refugees also have the option of appealing to the Refugee Appeal Division at the Immigration and Refugee Board of Canada, or may apply for a judicial review like the holder of any other denied application.
The stronger your case, the greater your chances of remaining safely in Canada.
ہٹانے کا دفاع
There are many reasons why you might face deportation. The most common include:
- You’ve been charged with a crime.
- You’ve overstayed your visa.
- You’ve been accused of misrepresenting the facts on previous immigration applications.
- آپ کو سیکورٹی وجوہات کی بنا پر ملک بدر کیا جا رہا ہے۔
Defending you from deportation begins with a request for a deferment or halt to the removal process. Valid reasons for a halt include:
- You have a pending application for permanent residence status.
- Medical reasons.
- Educational reasons.
Deferments often fail, but your immigration attorneys will then ask for a Federal Court Stay on your behalf if yours does. Requesting a Federal Court Stay means drafting a full legal argument, one that will be evaluated by a federal judge.
We can also help you if you’ve been removed from Canada in the past but are hoping to return. Speak to one of our immigration attorneys to get a sense of what your options are and what we can do for you.
CBSA Investigations and Arrests
If you’ve been arrested by the CBSA or know you are under investigation by them then you need an attorney’s help right away. You’re now being treated as a criminal who is violating Canadian immigration law.
A detention review must be conducted no more than 2 days after your arrest. If you are not released another review will be held seven days later. Hearings take place every thirty days after that. Your family members or friends may be able to get you out on bail.
Without the help of an attorney the most likely outcome is that you will be returned to your country of origin. Our attorneys are passionate about helping you secure both your freedom and your right to remain within Canada’s borders.
Being found inadmissible for Canadian immigration benefits can be devastating to your hopes and dreams of living, working, and/or studying in Canada.
Your admissibility hearing is a chance to clear your good name while proving you are not a risk to Canadians. Our immigration litigation attorneys help you make your strongest possible case and fight hard to help you stay.
Don’t Give Up. Get help.
We are known as some of Canada’s toughest litigators, and our attorneys have decades of experience with immigration law. We’ve helped thousands of migrants fight to get their immigration benefits approved. We’ve helped thousands more defend themselves against deportation and accusations of inadmissibility. We’ve navigated thousands of refugee claims, too.
From India or China? We have fluent Mandarin and Punjabi speakers on staff and can help you in your native language. Just let us know when you call!
کال کریں۔ (403) 237-7777 to get started today. If you are not currently near our offices in Calgary, AB we’ll be happy to set up a video appointment with you.