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Our Services in Litigation and Federal Court Matters
At Mandall Immigration Law, we guide clients through all stages of litigation, including appeals at the Immigration and Refugee Board, judicial reviews at the Federal Court, and rare cases that reach the Federal Court of Appeal or Supreme Court of Canada.
We handle refusals of immigration applications and other negative decisions, such as family class applications, deportations, residency cases, citizenship, and refugee matters. Our firm has a strong track record of success in these areas.
When to Go to the Federal Court
Under Section 18.1 of the Federal Courts Act, individuals affected by a decision under the Immigration and Refugee Protection Act (IRPA) can apply for a Judicial Review at the Federal Court. The Court may provide relief if a federal board, commission, or tribunal made an error or breached procedural fairness.
Filing at the Federal Court
To start, a Notice of Application must be filed, which now can be done electronically. This document includes details like the Applicant's name, the tribunal's decision, and the grounds for challenging the decision.
Supporting Documents
Applicants must file an affidavit within 30 days, providing evidence to support their case. Respondents also file their affidavits. All relevant documents should be included to strengthen the application.
Application Record
Within 30 days of receiving written reasons for the decision, the Applicant must file an Application Record, including the Notice of Application, affidavits, the decision, and legal arguments.
Judicial Review Process
If Leave is granted, the Court will set a hearing date within 90 days. The hearing involves oral arguments from both sides. The Judge may decide immediately or reserve their decision for later.
Settlement Options
Settlement is possible at any stage if both parties agree on the merits of the case.
How We Can Help :
At Mandall Immigration Law, we have extensive experience in immigration-related courts and can assist in challenging negative decisions by reviewing your case, gathering relevant materials, and preparing a strong legal strategy.
Contact us if you need assistance with your Federal Court matters.