With an intrinsic knowledge of Canada’s temporary and permanent residency routes, our team will assist you in developing a unique immigration pathway for each of your clients. Canadian Future’s expert knowledge and many years expertise can assist you in dealing with all of your client’s immigration needs. We can help you cut through the fog that surrounds various permanent residency streams - including business specialized immigration programs such as the Start up Visa Program and the Provincial Nominee Program - as well as all temporary pathways to Canada.
Canadian Future will help diagnose the temporary or permanent pathway that your client needs to cross in order to arrive in Canada, and provide you with the legal knowledge and experience needed to prepare and submit the required application(s).
Judicial Review and Mandamus
Whether your client’s application has been wrongfully refused, or has been pending for an unreasonable time, Canadian Future is your solution.
Our approach for Immigration Judicial Review applications start with a precise followed by verification of the facts surrounding the case to determine points where mistakes have been made by Immigration, Refugee and Citizenship Canada. The arguments are then filed with the Court.
It is crucial to articulate powerful arguments that will capture the Court’s attention by supporting suitable jurisprudence and legislation. Applying experience, expertise, and knowledge, allows Canadian Future to navigate clients through the intricate procedures set out by the Federal Court.
Eligibility for Judicial Review and Mandamus
There are a variety of different immigration decisions that can be reviewed, and include:
● Refusal of Temporary Residency applications:
● Temporary Resident Visas
● Temporary Work Permits, whether with LMIA or LMIA-exempt
● Temporary Study Permits
● Permanent Residency under any of the Federal programs
● Permanent Residency pursuant to any of the Provincial programs
IMPORTANCE OF APPLYING FOR A JUDICIAL REVIEW
A significant portion of refusals from embassies lack proper justification and can be overturned by the Federal Court. If disregarded, a refusal can eventually become a part of a permanent record and when applying for Tourist Visas, or Work Permits, and are visible in your record across many countries, including the United States, Australia, or any Schengen country. This refusal will have a negative impact on the chance of success of your application.
THE IMPORTANCE OF A MANDAMUS
All practitioners have felt the pains associated with Immigration, Refugee and Citizenship’s processing times. If the processing time of your client’s application is in excess of average processing times, Canadian Future may be able to assist you in forcing Immigration, Refugee and Citizenship Canada to make a decision on an application that has been in process for an unreasonable amount of time.
JUDICIAL REVIEW AND MANDAMUS PROCESS
1. To start an application for judicial review or mandamus, you must file a written Application for Leave and Judicial Review in the Federal Court of Canada.
2. Next, you must file an Application Record which outlines the facts and arguments that apply to the specific situation. Should Justice Canada decide not to settle, they will have to provide their own memorandum.
3. At the hearing, both parties plead in front of the judge, who later issues a decision, either granting judicial review and sending the decision to a different visa officer, or refusing the application.