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Applications in the Federal
We challenge the reasonableness and procedural fairness of negative immigration decisions at the Federal Court.
The judicial review process is initiated by Applicants who seek to have a decision reviewed by a judge of the Federal Court of Canada. Utilizing various remedies, such as the power to quash an immigration decision and send it back for redetermination or to force a decision-maker to act on a delayed application, judicial review can be a useful tool and often the final resort in an immigration application. Submitting a successful judicial review requires significant knowledge in Canadian administrative law. It is not an appeal, so Applicants must be careful not to introduce new evidence as part of these processes, unless fitting under clear cut exceptions. At Heron, we keep up to date with Federal Court case law, so we know what decisions parallel your case and could provide us with key arguments.
We help applicants by reviewing the decision made, filing an application for leave and judicial review, perfecting the Applicant’s record (by submitting a memorandum of argument and preparing accompanying affidavits), as well as replying to any response made by the Minister.
Once a leave judge renders their decision (and if leave is granted), we help prepare cross-examinations on affidavits (if required), file final memorandums, and attend a Federal Court hearing on your behalf. Unlike other areas of law, judicial reviews are mostly ‘law heavy,’ meaning as a client you will play a background/supporting role on these applications.
As unreasonable and procedurally unfair decisions increase in Canadian immigration, it is important to have competent, experienced counsel step in on the complex judicial review process. With Federal Court judges reviewing decision makers in different ways since the Supreme Court of Canada’s decision in Vavilov, navigating the mechanics of a decision and correct framing of the law make this one of the most difficult areas of Canadian immigration law.
Our Federal Court practice also includes mandamus applications (for unreasonable delay), applications for a stay of removal, and seeking intervener status on behalf of interested parties in public interest cases
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