— Canadian Immigration Litigation Lawyers

Writ of Mandamus for Immigration Delays

Are immigration delays affecting your plans and causing uncertainty? Explore how a Writ of Mandamus could expedite your process. Contact us to see how our legal experts can assist you in this critical step.

Writ of Mandamus for Immigration Delays

In the realm of immigration, prolonged delays in the processing of applications can significantly impact the lives of applicants, leaving them in a state of uncertainty and stress. Recognizing the need for timely resolutions, our practice offers specialized services in filing a Writ of Mandamus. This powerful legal remedy compels government agencies, including Immigration, Refugees, and Citizenship Canada (IRCC), to fulfill their duties and make decisions on immigration applications within a reasonable timeframe.

Filing a Writ of Mandamus is a complex legal procedure that requires a deep understanding of immigration law and federal court processes. Our experienced lawyers meticulously evaluate each case to determine the viability of this approach, ensuring that all other avenues of inquiry and resolution with the IRCC have been exhausted. We guide our clients through the entire process, from drafting and filing the petition to representing them in Federal Court.

This service is particularly valuable for those facing unreasonable delays in various immigration matters, including but not limited to, visa applications, permanent residency, citizenship applications, and more. If you are experiencing a standstill in your immigration process, contact us to explore how a Writ of Mandamus could expedite your case.

Humanitarian and Compassionate (H&C) Considerations

Humanitarian and Compassionate (H&C) applications offer a unique pathway to Canadian permanent residence for individuals who may not meet the criteria of other immigration programs but have compelling reasons to stay in Canada. Grounds for H&C consideration include, but are not limited to, exceptional establishment in Canada, best interests of children involved, and adverse conditions in the applicant’s home country.

Our firm specializes in navigating the intricate H&C application process, providing personalized support to present a compelling case to Immigration, Refugees, and Citizenship Canada (IRCC). We understand that every H&C case is unique, requiring a tailored approach that highlights the individual circumstances and humanitarian grounds of each applicant.

From gathering pertinent documentation to drafting a persuasive narrative that underscores your humanitarian and compassionate grounds, our dedicated lawyers are committed to advocating on your behalf. We also offer guidance on maintaining your status in Canada while your H&C application is under consideration, ensuring you are well-informed and supported every step of the way.

If you believe you have a compelling case for staying in Canada on humanitarian and compassionate grounds, our team is here to help. Contact us to discuss your situation and learn how we can assist you in pursuing this path to Canadian permanent residence.

Humanitarian and Compassionate (H&C) Considerations

Facing unique challenges that require a compassionate approach to your immigration status? Our experts can guide you through Humanitarian and Compassionate (H&C) Considerations to secure your future in Canada.

Appeals

Do you require professional legal assistance with your immigration appeal? Contact us to learn how our lawyers can help you successfully appeal your immigration application.

Appeals

An appeal is a procedure that can be initiated following immigration refusals, which allows for a full review of the decision and the decision-making process by the Canadian Immigration Appeal Division.

Once an appeal is filed with the Immigration Appeal Division, a hearing date will be set. At the hearing, the Board Member (or Panel Member) will review the decision of the immigration officer, visa officer or Canada Border Services Agency officer. You can submit updated documentation at an Appeal, and the Board will consider new evidence. If the appeal is allowed, the Immigration Appeal Division will send the matter back to the visa office for continued processing.

The Canadian immigration appeals process can be complex and time-consuming, but with the right support, you can successfully overturn a negative decision and achieve your goal of immigrating to Canada. ​​The following applications may be appealed:

  • Spousal Sponsorship
  • Family Class Sponsorship
  • Residency Obligation
  • Removal Order

We understand that a negative decision can be devastating, especially if you have already invested time, money, and effort into your immigration application. That is why we work tirelessly to ensure that your appeal is properly prepared and presented. Our lawyers will work with you to understand the circumstances of your case and develop a strategic plan to achieve the best possible outcome.

Our lawyers will carefully review the evidence and documents submitted with your initial application to identify any errors or omissions that may have contributed to the negative decision. In addition to preparing and presenting your appeal, we will also represent you in court if necessary. 

Judicial Review

Judicial Review is a legal process that allows individuals to challenge a decision made by Immigration, Refugees, and Citizenship Canada (IRCC) on immigration-related matters. 

You can apply for judicial review of almost any decision of the IRCC to the Federal Court of Canada. Decisions that can be judicially reviewed by the Federal Court can be refused visa applications for permanent and temporary residence applications, citizenship, and decisions from other levels of courts and tribunals, such as the Immigration Appeal Division and the Refugee Appeal Division.

The purpose of the judicial review process is to ensure that the government has acted within the law and followed proper procedures when making a decision. This process provides a mechanism for individuals to have their cases reviewed by an independent body and ensures that the government’s decisions are transparent, fair, and lawful.

You must apply for judicial review of the decision of the IRCC to the Federal Court within 15 days for a decision made in Canada and 60 days for a decision made outside of Canada.

In a judicial review, the Federal Court will consider the following: 

  • Whether the decision-maker acted legally and within its jurisdiction
  • Whether the decision-maker made its decision using a fair procedure
  • Whether the decision was reasonable in light of all the evidence.

If your immigration matter has been refused and you want to apply for judicial review to the Federal Court, we can help. Contact us or schedule your consultation today and take the first step towards challenging a decision made by the IRCC. Our lawyers will review the IRCC decision and decision-making process, prepare your application and represent you at the Federal Court, giving you the best chance of success with your judicial review application. 

Judicial Review

Are you looking for professional legal assistance for a judicial review of your immigration application? Contact us to learn how our lawyers can give you the best chance to succeed in your application for judicial review.

Inadmissability

Have you been denied entry to Canada? Contact us to learn how our lawyers can help you overcome this situation.

Inadmissibility 

At KR Law Firm, we understand the complexities of the Canadian immigration process and the challenges faced by individuals who have been deemed inadmissible to Canada. 

Inadmissibility to Canada can arise for a variety of reasons, including but not limited to, criminal convictions, health issues, misrepresentation, and security concerns. The consequences of being deemed inadmissible can be severe, and may prevent you from entering or remaining in Canada.

At KR Law Firm, we believe that everyone deserves a fair chance to overcome their inadmissibility issues and achieve their goals. We will work with you to understand the circumstances of your case and develop a strategic plan to overcome your inadmissibility.

Admissibility Hearings

The Immigration Division of the Immigration and Refugee Board may convene a hearing to determine whether a foreign national or permanent resident is admissible to Canada.

Rehabilitation

Foreign nationals convicted of a crime and deemed inadmissible to Canada can qualify for rehabilitation, meaning that the criminal offence is no longer a basis for inadmissibility.

Temporary Resident Permits

A Temporary Resident Permit (TRP) is required when a foreign national is inadmissible to Canada but can demonstrate compelling reasons why they must enter Canada for a short period. If granted a TRP, the foreign national will be allowed to enter or remain in Canada for a short period despite being inadmissible. 

Humanitarian and Compassionate Applications

An alternative route for entry into Canada for those who are inadmissible to Canada is to apply for an exemption to the requirements of the law on Humanitarian and Compassionate grounds.

If you have been deemed inadmissible to Canada, we invite you to contact us for a consultation. We will work with you to understand the circumstances of your case and develop a customized strategy to overcome your inadmissibility.

Deportation Defense

Facing deportation is a challenging and distressing experience, with profound implications for individuals and their families. Our firm offers specialized deportation defense services to address and counteract deportation orders. We assess the specifics of your case, explore all legal avenues to challenge the deportation, and represent you throughout the process. Our approach includes reviewing the reasons for deportation, filing appeals, seeking stays of removal, and exploring alternative legal remedies to maintain your status in Canada. With a deep understanding of immigration law and a commitment to our clients, we strive to provide effective legal strategies tailored to your unique situation, aiming to achieve the best possible outcome.

Deportation Defense

Concerned about deportation and looking for a strong defense? Our experienced attorneys specialize in deportation defense, providing personalized strategies to protect your rights and secure your stay.