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Immigration Litigation and Inadmissibility
Application for Leave and Judicial Review
If your immigration application has been refused, you may still have options. One of those options is to request a Judicial Review by the Federal Court. At Esteri Law, we help you to challenge negative decisions on immigration applications by preparing strong legal arguments and guiding through every step of the process.
A Judicial Review is a legal process that allows the Federal Court to examine whether an immigration officer rendered an unreasonable decision, made an error of law, or failed to adhere to the standards of procedural fairness.
If you’ve received a refusal and want to understand your options, we’re here to help. Contact us today to speak with a lawyer about your case.
Inadmissibility
Under Canadian immigration law, being “inadmissible” means you may be barred from entering, staying, or obtaining a permament reisdence status in Canada. Common grounds include:
- Criminal inadmissibility – convictions or offences inside or outside Canada, including impaired driving
- Medical inadmissibility – serious risks to public health, safety, or excessive demands on Canada’s health/social services
- health/social services
- Misrepresentation – providing false or misleading information to immigration authorities
- Security concerns – involvement in espionage, terrorism, or subversion
- Organized crime involvement
- Human or international rights violations
- Failure to comply with IRPA – e.g., overstaying, unauthorized work
At Esteri Law, we assist clients in understanding the nature of their inadmissibility and explore all available legal remedies.
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Book a consultation today to discuss your case with our team
FAQS
Our team can assist with preparing a writ of mandamus application. A writ of mandamus is a legal order issued by the Federal Court of Canada that directs a government authority—such as Immigration, Refugees and Citizenship Canada (IRCC)—to perform a legal duty. In the immigration context, this usually means requiring IRCC to make a decision on an immigration application that has been unreasonably delayed.
A notice of application must submitted to the Federal Court within 15 days of receiving a refusal decision made inside Canada, or within 60 days if the decision was made outside of Canada. Our team will thoroughly assess the refusal, identify any legal or procedural errors, and prepare your notice of application for the Court to consider.
A TRP is a discretionary permit issued by Immigration, Refugees and Citizenship Canada (IRCC) that allows an individual who is otherwise inadmissible or non-compliant with immigration laws to enter or remain in Canada temporarily. It is issued only when the officer believes the applicant’s need to be in Canada justifies the risks involved.