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Judicial Reviews

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If you have received a negative decision on your immigration, refugee or citizenship matter, you may be eligible for a judicial review of that decision.

Our practitioners at Cougar Immigration have significant expertise and experience in successfully handling judicial review leave applications and hearings. The Federal Court has granted leave to numerous judicial review leave applications and our immigration lawyers have successfully argued clients’ cases before the Court.

Cougar’s approach to handling a judicial review for your immigration application will begin with a careful review of the decision-maker’s reasons to pinpoint the areas where the decision-maker made an error of law or rendered an unreasonable or unfair decision.

 Cougar will then develop the strongest arguments for the written Memorandum of Argument to be filed with the Court, outlining the 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, as well as 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 REVIEW PROCESS

Judicial Reviews before the Federal Court consist of a two-stage process.

The first stage, called the “leave” stage, involves a review of your documents relating to your case by the Court to determine whether an error was made in the immigration official’s decision or whether the decision was unfair or unreasonable. Leave is granted in cases where the court has determined that 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.

Once leave is granted by the Federal Court, we will perform your “application for judicial review” and attend your oral hearing to present strong and persuasive arguments on 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.

To discuss how Cougar can assist you with your judicial review process and application, please contact our office to speak to one of our immigration and refugee lawyers.

 

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