Immigration Litigation

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Immigration Litigation

Application for Leave and Judicial Review

Challenging negative immigration decisions at the Federal Court of Canada, seeking judicial review of unreasonable or unlawful decisions by IRCC, CBSA, or immigration tribunals.

Urgent Motion for a Stay of Removal

Filing emergency motions to prevent deportation while a judicial review application is pending, protecting clients from removal when serious issues are at stake.

Mandamus Application

Compelling the government to act on unreasonably delayed immigration applications through Federal Court orders, holding decision-makers accountable for processing timelines.

Immigration Appeal Division (IAD) Appeals

Representing clients in appeals of sponsorship refusals, removal orders, and residency obligation findings before the Immigration Appeal Division.

Admissibility Hearings (ID)

Defending individuals facing inadmissibility allegations at the Immigration Division, including criminal inadmissibility, security concerns, and misrepresentation.

Detention Reviews

Representing detained individuals at 48-hour, 7-day, and 30-day detention reviews before the Immigration Division, advocating for release on conditions.

Pre-Removal Risk Assessment (PRRA)

Preparing applications for individuals facing removal who may be at risk of persecution, torture, or cruel treatment in their home country.

Section 44 Report / A44 Hearing Representation

Representing clients who have received an inadmissibility report under Section 44 of IRPA, including at admissibility hearings and Minister’s delegate interviews.

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Frequently Asked Questions

What is an Application for Leave and Judicial Review (ALJR)?
An ALJR is the procedure by which a person seeks to have the Federal Court of Canada review an immigration decision made by IRCC, the IRB, or another immigration decision-maker. The first step is to obtain leave (permission) from the Court; if leave is granted, the case proceeds to a full judicial review hearing.
Can I appeal to the Federal Court if IRCC refuses my application?
In most cases, yes — via an ALJR rather than a traditional appeal. The Federal Court does not re-decide the application; it reviews whether the original decision-maker made legal errors, breached procedural fairness, or reached an unreasonable conclusion.
How long do I have to file a judicial review?
Deadlines are strict: 15 days for decisions made inside Canada and 60 days for decisions made outside Canada, from the date the decision is communicated. Missing the deadline typically forecloses the right to judicial review unless an extension is granted, which requires a separate motion.
What is a stay of removal and when do I need one?
A stay of removal is a Federal Court order that halts an imminent removal from Canada while the underlying legal proceeding continues. Stays are sought through urgent motions and require meeting the three-part test (serious issue, irreparable harm, balance of convenience).
What is mandamus and how does it help with delayed applications?
Mandamus is a Federal Court order compelling a public authority to perform a legal duty — in immigration, typically to decide an application that has been unreasonably delayed. It is a powerful remedy when IRCC has not acted on a file for an extended period without justification.