At Green and Spiegel, we have a number of lawyers who make up the litigation team. Our Litigation Associates handle all types of hearings and appeals before the Immigration and Refugee Board, as well as in Federal Court. We have come up with the top five reasons why you should litigate your immigration matter.

 #1 – Create movement on your immigration file

Processing delays have become extremely common amidst the COVID-19 pandemic. However, this should no longer be a reason for the lack of processing on your immigration application. Our litigation team can assist by filing a mandamus application. This application would ask the Federal Court to issue an order of mandamus, which if issued would compel the decision-maker, including Immigration, Refugees and Citizenship Canada to make a decision on your application within a prescribed period of time.

Our firm has been successful in settling these applications prior to a full hearing once movement is made on an applicant’s application.

#2 – Challenge an unfair decision

There are unreasonable decisions which the Federal Court or the Immigration and Refugee Board will also find unfair and overturn the decision or return the matter to another officer for reconsideration. The process doesn’t always have to be extremely long, as there are pathways for early resolution, which our team can help you navigate.

#3 – Representation for a hearing

You may have received a Notice to Appear for a hearing before the Immigration Division. Our team can act as your representatives – we have over 20 years of experience!

#4 – Have your file reviewed by another officer or decision-maker

Having your file reviewed by another officer or decision-maker gives your application a second chance. Oftentimes, there are instances when an initial officer or decision-maker misses key pieces of evidence. Having your application reviewed by someone else can save you a considerable amount of time and money instead of preparing a new application.

#5 – We will work with you!

We will work together to provide you with a favourable outcome on your immigration matter. Our team is friendly and smart and will work hard to get you the decision that you deserve.

Authors

  • Khatidja is a Senior Litigation Associate with the firm and handles all types of hearings/appeals before the Immigration and Refugee Board as well as in Federal Court. In addition, Khatidja takes files pertaining to criminal inadmissibility and assists clients with the preparation of an Application for Rehabilitation or for a Temporary Resident Permit. Prior to joining Green and Spiegel, Khatidja was Counsel with the Department of Justice, Immigration Law Division. Khatidja also works with the Ontario Justice Education Network, a non-profit organization that provides legal education programming to youth who are vulnerable and marginalized.

  • Azra Alagic is an Articling Student at Green and Spiegel LLP in Toronto.

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