If you have received a negative decision on your immigration, refugee or citizenship matter, our appeal lawyers have significant expertise and experience in successfully handling your judicial review leave application and hearing. The Court has granted leave to Gerami Law in numerous judicial review leave applications, and they have also been successfully argued before the Court.
Gerami Law PC’s approach to handle your judicial review for immigration application will begin by a careful review of the lower level decision-maker’s reasons. We will pinpoint the areas where the decision-maker made an error of law or rendered an unreasonable or unfair decision. We will then develop the strongest arguments for the written Memorandum of Argument to be filed with the Court, outlining the serious issues involved in your case. Our strategy is to carefully and persuasively articulate winning arguments that will capture the Court`s attention, relying both on supporting jurisprudence and legislation applicable to your case.
Our intimate knowledge of the Canadian Charter of Rights and Freedoms and constitutional issues related to immigration and refugee matters allows us to frame the arguments of your case in a creative and compelling manner. Applying our experience and expertise we navigate our clients through the intricate procedures set out in the Federal Court Rules.
Judicial reviews consist of a two-stage process:
- The first stage, called the “leave” stage, involves a review by the court of your documents relating to your case to determine whether an error was made in the immigration official’s decision or the decision was unfair or unreasonable. Leave is granted in cases where the court has determined the applicant has an arguable case. Being granted leave means the Court will examine reasons for the immigration official’s decision in depth and grant an oral hearing in the case.
- Once leave is granted by the Federal Court, we will perfect your “application for judicial review”, and attend your oral hearing to present strong and persuasive arguments on why the immigration official’s rendered a wrong, unfair or unreasonable decision. Should the court be persuaded, the decision will be set aside and the matter returned back for reconsideration.
For a discussion of how we can assist you with your judicial review process and application, please contact our office to speak to one of our lawyers.