splawoffice in Markham, Ontario
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Immigration inquiries Please call 416 573 1900 or email help@splawoffice.ca

DO YOU WANT TO IMMIGRATE TO CANADA? FIND OUT IF YOU CAN APPLY!

Federal Court Applications Back

What are my options at the Federal Court of Canada?

Refused Cases – Requests for Reconsideration

In some cases it is advisable to make a request for reconsideration before proceeding to appeal. For example, where an application for a Visa was refused on the basis of insufficient information or because the decision-maker misunderstood the information presented, a request for reconsideration can be made attaching the additional evidence to support the application that address the concerns of the decision-maker. Where there is new evidence in support of a case the immigration authorities may reconsider their decision. SP Law firm has considerable experience assisting clients with requests for reconsideration in negative immigration decisions. We can help you to prepare a convincing submission to the relevant decision-maker, so as to obtain a quick resolution in the case without the need for an appeal.


Delayed Cases – Mandamus Appeals at the Federal Court

If your case has been stalled and you are awaiting a decision on a Canadian permanent or temporary Visa application, you can appeal for a decision to be made. For example, where the immigration authorities have unreasonably delayed the processing of a Visa application, an appeal to the Canadian Federal Court can be made requesting that the Court order the immigration authorities to complete the processing of the application immediately. This judicial remedy called “mandamus,” which means “we command” in Latin, gives the Federal Court authority to order the citizenship and immigration authorities to do anything that they are legally obliged to do but have unreasonably failed to do.

If your citizenship or immigration application has been delayed far beyond normal processing times you may wish to bring an appeal to the Canadian Federal Court seeking an order of Mandamus. SP law office can assist you in a pursuing this judicial remedy.


Citizenship Appeals at the Canadian Federal Court

Permanent residents who applied for Canadian citizenship and were rejected can appeal the negative decision of the citizenship authorities to the Federal Court within 15 days. The appeal will proceed as a judicial review, meaning that the court will review the decision and the evidence that was before the decision-maker and will decide whether the decision was reasonable in light of the evidence, procedurally fair, and otherwise made in accordance with the law. If the court finds that the citizenship authorities made an error, the court will send the case back to the citizenship authorities to re-decide the application. It is not necessary for the applicant to be in Canada or to appear before the Court in person, the case can be managed entirely by our law firm including any appearances at the Court.


If you wish to e-mail or fax our SP Law Firm office a copy of the refusal letter in your case, we will review it and get back to you as soon as possible with your chances of success.

We can provide consultation in person, over Skype or phone.

 

Our commitment is to be Compassionate and Caring. We will take the time to hear your story. We take an active approach to client service and provide regular updates on your case at a cost that is Reasonable and Affordable.