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We can help with your immigration matter from anywhere in the world.
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Lawyers for Refused Immigrations
If you are looking for a lawyer for immigration refusals, we can expertly assist. Jain Immigration Law can assign the right lawyer for refused sponsorships, which usually involves an appeal to the Immigration and Refugee Board (IRB). The IRB also deals with deportations and residency obligation appeals. When appealing because your spouse was refused a visa or because a removal order has been issued or because it’s alleged you did not meet your residency obligations, we will be able to provide fresh evidence at the time of hearing.
If you are looking for a lawyer for refused Express Entry or a lawyer for a refused PNP (Provincial Nominee Program) or a lawyer for refused post graduate work permits, this would involve an appeal to the Federal Court of Canada (it’s formally called a “Judicial Review”). Unlike an appeal at the IRB, it is not possible to provide fresh evidence. Instead, an appeal here involves showing that the decision was not reasonable. Essentially, it’s a procedural appeal showing that you have been treated unfairly. For instance, your refusal may not contain a meaningful explanation or sufficient detail, or you may not have been given an opportunity to respond to an officer’s concerns, or the officer may have relied on extrinsic evidence without sharing this with you. It could be that the officer overlooked parts of your file which were in your favour. Also, some officers regularly factor in considerations which the Court has consistently ruled to be unimportant (for instance, when an officer notes a lack of travel history when refusing a visitor visa).
How Can Jain Immigration Law Help You?
At Jain Immigration Law, our reputation is that we will assess your case and provide an honest opinion. We may recommend an appeal or we may suggest an alternate strategy. Many clients have been impressed by our ability to come up with cost-effective alternate solutions when appropriate. Also, for Federal Court cases, we take a small legal fee to launch the appeal which allows us to obtain a copy of the internal notes of the officer so that we can then honestly advise if it’s worth proceeding to an appeal and paying more legal fees.
Immigration Appeals, Federal Court and Related Services
Immigration Refusals
At Jain Immigration Law, our lawyers have decades of combined experience litigating at the Immigration and Refugee Board (IRB) and Federal Court of Canada. The vast majority of our cases settle at mediation (Alternative Dispute Resolution) at the IRB or with offers by the Department of Justice to settle cases before the Federal Court of Canada.
Demand Letters
Delays are quite frustrating. Though the Immigration Department promised to focus on ‘customer service’ several years ago, we are seeing very poor service currently and processing times can increase without notice. When this happens, we can assist with a ‘demand letter’ to process the case timely. Immigration officers take our letters very seriously and we have had significant success when we take this approach. Perhaps this is because our letters set out detailed timelines for the case and also reference the relevant caselaw (previous Court decisions) and indicate that we will recommend an appeal if we don’t see movement.
Mandamus Application Lawyer
Once we have filed a Demand Letter, if there is no movement in 30 days, we recommend an appeal. An appeal (judicial review) under these circumstances is called a “mandamus” which is a fancy Latin term meaning that a ‘writ’ has been filed based on the body of caselaw that has developed over time (the common law). This application for a writ of Mandamus, if successful, involves the Court ordering the government to process your case.
Procedural Fairness Letter
Receiving a Procedural Fairness Letter (PFL) is stressful and many people approach us worried that their cases are about to be refused. Let us interpret the officer’s concerns and prepare an expertly argued response, with on-point supporting documentation.
Immigration Lawyers for Inadmissibility
A refusal based on not meeting program requirements is different from a finding of inadmissibility. If you’re looking for information about inadmissibility into Canada, please see our inadmissibility section here.
Immigration Legal Services
We are a full-service immigration law firm with decades of experience and are able to navigate complex legal issues and avoid legal and practical problems before they arise.
