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FEDERAL COURT LITIGATION

Has Immigration Canada refused your application for permanent or temporary residence, have they issued a removal order against you, or have they been processing your application for many years without any end in sight, then you may have to file an application for judicial review in the Federal Court.

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Has Immigration Canada refused your application for permanent or temporary residence, have they issued a removal order against you, or have they been processing your application for many years without any end in sight, then you may have to file an application for judicial review in the Federal Court.

Generally speaking, you must file your application for judicial review in the Federal Court within certain timelines fixed by statute. You file in the Federal Court within 15 days of being notified of the negative decision if that decision was made inside Canada. If it was made outside of Canada, you will have up to 60 days to file in court.
Judicial review by the Federal Court is a two-stage process. In the first stage, which is known as the “leave” stage, the Court reviews the documents related to your case. You must convince the Court that you have a serious issue to argue in the court, as opposed to a frivolous or vexatious one. That is, a Federal Court judge will not make a determination on the merits of your claim: they will decide whether they agree with your arguments or not, but only that your argument is a serious one or it is not. If found not be a serious argument, then your application for judicial review will be dismissed. If found to serious, the judge will grant you “leave”, which means permission to go to the second stage of the process: the hearing stage.
Please note that the leave stage is entirely in writing: you do not, nor your lawyer if you have one, appear in person before the court. All arguments made to the court at this stage are to be in writing.

At the hearing stage, you have to appear in court at a time, date and place set by the court, to argue your case. You must prove that the decision you are challenging contains an unreasonable error(s), that the decision-maker acted procedurally unfair in making their decision, and/or their decision violates the Charter of Rights and Freedoms.
If you are successful at the hearing stage, generally speaking, the Federal Court judge who heard your application for judicial review oral arguments will quash the decision you challenged in court and order that another decision-maker look at your case and make a fresh decision.
If you receive a negative result on your immigration application and believe the decision was unfair or an error was made, please Eastman Law Office to represent you in the Federal Court. Jeremiah Eastman has handled hundreds of applications for leave and judicial review before the Federal Court, first as a lawyer for Immigration Canada and now representing people like you who have just received a negative decision in your immigration matter. Mr. Eastman will provide you with expert and honest advice on whether there are grounds in respect of your immigration matter to appeal or not.
You can retain Eastman Law Office with confidence knowing that we have the experience and knowledge to ensure that your application for leave and judicial review has the maximum possibility of succeeding.

So call Eastman Law Office right away at (905) 451-1550 or e-mail us at contact contact@theimmigrater.com.

Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to any program offered by Immigration Canada. Canadian immigration law changes constantly, and therefore information contained on this website may be out of date and no longer valid. If you have a question about the contents of this website, or any question about Canadian immigration law, please contact Eastman Law Office.

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