Service Area
IMMIGRATION LAW
Canada is one of the world's top destinations for international students, visiting tourists and immigrants. To enter Canada, your visa application must meet the requirements of the Immigration and Refugee Protection Act (IRPA) and its regulations.
Study Visa
Visitors Visa
Work Permit
Application for Leave for Judicial Review
A visa officer may deny your application if not satisfied that you will leave Canada at the end of your stay. This discretion is sometimes exercised in error or improperly and your application may have been wrongfully denied. Where a decision is challenged, the court will consider whether the decision as a whole was transparent, intelligible and justified.
The Court will not shelter administrative decision makers from accountability. Unreasonable denials of visa applications are liable to be set-aside. In practice, many cases settle before getting to a Judge. Our counsel understands the law and practice and wants to help with your case. The numbered items below explain our procedure.
Steps to Judicial Review
1
Consultation and Legal Advice We would like to speak with you as soon as possible. If your visa application has been denied you will have 15 or 60 days to challenge this decision depending on whether you are currently within or outside Canada. The consultation can be over the telephone, zoom or in-person. See our consultation page for details. At this meeting, we would like to go over the refusal letter, your entire visa application package and provide you with clear and candid legal advice for next steps.
2
Obtain Global Case Management Systems Report After submitting your Application for Leave for Judicial Review, we will obtain a copy of the Global Case Management System (GCMS) which forms part of the reasons for the decision. This disclosure will contain additional details about your case not mentioned in your refusal letter.
3
File for judicial review at the Federal Court of Canada We will prepare and submit all documents seeking judicial review to set aside the visa refusal. Your Application record will include your sworn affidavit, application package, GCMS notes and our legal submissions challenging the decision. This will be submitted within 30 days of receiving the GCMS notes.
Visa application
You may be required to obtain a visa to enter Canada for work, study or vacation. To apply for a visitor visa, you must complete the required application forms, submit supporting documents and pay the application fee.
The visa officer will review these materials to determine whether they are satisfied that you will leave Canada at the end of your stay. Your application package should clearly demonstrate the purpose of your visit, availability of sufficient funds and strong ties to your home country. A refused application may be discouraging. However, you need to understand the reason for the refusal to determine whether to reapply with a stronger package or challenge the refusal.
Request for reconsideration
You may submit a reconsideration for a denied visa or immigration application if you believe the visa officer made a mistake. This is a less costly approach to a judicial review. However, the visa officer does not have any obligation to make a decision on the reconsideration request.
If the refusal was appropriate and your reconsideration is not justified (i.e. no errors by the visa officer), you may want to consider submitting a new application instead of a reconsideration. In your new application, you should address the reasons for refusal with additional documents and a letter of explanation. We can help you with this task to improve your chances of success on your next application.
S. G
Michael gave me very important, straight forward advice on the legal issues, liabilities that could arise during divorce proceeding. Very easy to communicate with.
2024/03/06