We understand that refusal of application can be very disappointing, and therefore we want to extend our help and cooperation in the long and exhausting process that will require qualified legal expertise throughout your struggle. We advise you to consult us, if you are seeking following legal solutions.
- We can contest a decision to refuse an application on your behalf, on the question of fact or law or unreasonableness, in light of the facts of your case and quality of the decision made by the officer. We can also litigate your claim on Humanitarian and Compassionate considerations in a situation where a reasonable decision is rendered by the immigration officer.
- Upon receiving refusals or denial entry decisions, it is also very important to be mindful of deadlines or limitation period to challenge that decision. Our legal expertise can assist you to challenge a refusal on time and without any undue delay.
- We can advise you to proceed with the right kind of remedy, which will
serve you best in your circumstances. There are few main recourses or legal solutions to challenge the Visa officer’s decision of denial entry to Canada:
- Reconsideration by the Case Processing Centre (CPC)
- Appeal before Immigration Appeal Division (IAD)
- Judicial Review before Federal Court of Canada (FCC)
- Humanitarian and Compassionate application
- If your application is erroneously rejected or decision is rendered by the immigration officer without complying with the principle of procedural fairness, the applicant can claim his/her right to fairness. Our team can raise question regarding errors in fact or errors in law and request the case processing centre to reopen and reconsider the application in light of the highlighted issues/explanation.
- An inadmissible person may proceed before the Immigration Division where the hearing officer is an employee of Canadian Border Services Agency (CBSA). The inadmissible person can contest why he or she should be admitted to Canada or allowed to remain in here.
- There will be cases where reconsideration is not a suitable option. However, in light of the specific circumstances of the case, our team will approach the Immigration Appeal Division by way of an appeal. Taking into consideration the detailed procedures, regulations and conduct of the hearing, it is suggested to seek legal representation in your case. Sometimes a little procedural mistake can jeopardize your application.
- The Federal Court of Canada has jurisdiction to review the decisions made by the Immigration, Refugees and Citizenship tribunal members. As a last resort, if the court certifies a question to proceed with the review, our team can assist you in the judicial review hearing before the Federal Court which has its own set of powers and jurisdiction capacity.
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Jay B Parmar