The lawyers at SSH Law have extensive experience in challenging refusals by immigration officers -both inside and outside Canada.

If your immigration application has been refused you may have the ability to challenge that refusal at the Federal Court of Canada. You can challenge the refusal of a visitor, study, or work visa at the Federal Court.

You can also challenge a refused refugee decision (if there’s no appeal to the Refugee Appeal Division), a refused Refugee Appeal Division, and a refusal by the Immigration Appeal Division.

Timeframes vary depending on whether the decision is made inside Canada or outside. If inside then the deadline for filing the originating document known as an ALJR or Application and Leave and Judicial Review is 15 days. If the decision was made outside Canada then it is 60 days.

You may or may not have detailed reasons and if you do not have detailed reasons, then that is  indicated on the ALJR and the court will make a request known as a Rule 9 request and the reasons will be provided; further materials known as the applicant’s record which includes an affidavit containing the relevant facts and exhibits, i.e. the material that was before the decision maker or visa officer along with a memorandum of argument detailing the mistakes or errors committed by the decision maker/officer. The applicant’s record is due within 30 days of the ALJR if reasons have been provided; they are due within 30 days of receipt of the reasons via the Rule 9 request. Federal court timeframes are rigid and strict and must be adhered to. Following the filing/serving of the applicants record the Department of Justice, which represents the Minister of Citizenship and Immigration Canada/Minister of Public Safety and Emergency Preparedness can file their materials typically 30 days after the applicant’s record or they may simply consent and indicate their willingness to send the matter back for redetermination by a different officer/decision maker. If they consent the applicant can then file a notice of discontinuance. If the DOJ chooses to contest then the final say belongs to the applicant, the individual challenging the decision and the reply must be filed within 10 days of the DOJ argument.

Judicial review is not a substantive appeal, it is concerned with whether the officer/lower tribunal rendered a reasonable decision. Judicial review is sought when there has been a misapprehension of the facts by the decision maker; a breach of natural justice or procedural fairness; or unsustainable logic or reasoning.

Timeframes vary between filing the ALJR and the court deciding whether or not to grant leave {the court can choose not to hear the matter and dismiss it summarily after receipt of materials by both parties}. If leave is granted then a hearing date will be set down; between ALJR and hearing date, it could take between six to 10 months. If the ALJR and applicant’s record is provided and the DOJ consents then the matter could be sent back for redetermination in as little as three to four months.

For a refusal from a visa office: It is difficult to give an opinion as to the strengths or weaknesses of a case without reviewing the officer’s detailed reasons. This is more than just the refusal letter, this usually means the GCMS or Global Case Management System notes for a decision made by officer outside of Canada. It is important to review this and determine whether there is a reviewable error or breach of natural justice or failure to comply with the rules of procedural fairness. At times we file the ALJR and request the reasons and then upon receipt and review of those reasons provide an opinion.

Only  a lawyer can represent you before the Federal Court.  Contact us for more information.

© Copyright 2020 SSH Law. Website Developed By Codesign Technologies