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Canadian Immigration Litigation

Our immigration litigation capability is one of the things that sets Abramovich & Tchern apart from our competitors. From residence obligation appeals to stay of removal motions, we represent clients in the Federal Court as well as in front of the various divisions of the Immigration and Refugee Board of Canada. An application rejection or a deportation order isn’t necessarily the end of your immigration dreams. We’re here to help you navigate the Canadian court and tribunal systems.

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Our immigration lawyers successfully assist our immigration clients with immigration litigation matters such as:

  • Challenging temporary and permanent visa rejections;
  • Negative refugee determinations;
  • Responding to procedural fairness letters;
  • Deportations; and
  • Dealing with inadmissibility-related issues.

Immigration litigation covers a wide range of areas, including:

  • Judicial reviews of decisions by Immigration Refugees and Citizenship Canada (IRCC), Canada Border Services Agency (CBSA), and Employment and Social Development Canada (ESDC);
  • Sponsorship appeals;
  • Inadmissibility hearings;
  • Detention reviews;
  • Stays of removal motions;
  • Mandamus applications;
  • Permanent residence obligation appeals; and
  • Appeals and judicial reviews with respect to denied refugee claims.

There are generally two pathways for challenging an immigration or refugee-related decision:

  1. Seeking leave to Judicial Review (JR) at the Federal Court of Canada; or
  2. Appealing the decision to a division of the Immigration and Refugee Board of Canada (such as the Immigration Appeal Division (IAD), or the Refugee Appeal Division (RPD)

In some cases, provincial courts have jurisdiction with respect to detention and security related matters.

Our Immigration Litigation Services

The Importance Of Our Litigation Practice

We take great pride in fighting for our clients’ rights to a fair and just decision. Our comprehensive litigation experience allows us to not only confidently challenge decisions, but also enables us to prepare initial immigration or refugee applications to a high standard. Having successfully litigated a wide range of matters, we have a close understanding of how effective applications need to be prepared. We see the big picture and are able to anticipate and deal with issues preemptively, thereby increasing the chances of initial approval.

In some cases, we know that the case or application will likely be denied and are in fact setting it up for an appeal or a judicial review, ensuring that the necessary evidence is admitted, or ensuring that a breach of procedural fairness is captured clearly. 

When assisting clients with complex matters, we explain that while the application is addressed to an immigration officer, our submission package is preemptively prepared to a high standard which will allow us to effectively present your case at the Federal Court in the strongest possible fashion, should such a need arise.

While we take pride in the litigation part of our practice, we are committed to doing the best for our clients, and we recognize that litigation is not always the best option. In some instances, it makes sense to re-apply and address the issues that led to the denial. When practical or possible, it is also advisable to submit a reconsideration request. In other instances, it makes sense to commence litigation proceedings to ensure that a client’s procedural rights are preserved.

Contact us today if you have received a procedural fairness letter or your application has been denied so that we can help you determine the best pathway forward. We hold consultations in our Toronto office as well as, over the phone, and via video conferencing services such as Microsoft Teams and Zoom.

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Specialized

We focus exclusively on the rapidly changing world of immigration law. Specialization brings insight and expertise.

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Advocacy Driven

We believe that a lawyer is first and foremost an advocate. We see the big picture and know how to get results.

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Client Focused

Immigration is about people. We are a boutique immigration law firm and take a personalized approach to every matter.

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Immigration Litigation

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