Judicial review. Mandamus. Federal Court advocacy.
For immigration refusals, delayed applications and enforcement matters, the work can extend from early case assessment through an Application for Leave and Judicial Review, applicant record, affidavits, written legal argument and Federal Court hearing preparation. The exact steps depend on the decision, deadline and agreed retainer.
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Judicial review of immigration decisions
A judicial review asks the Federal Court to examine an administrative decision for reviewable error. In immigration matters, that may involve a refusal, procedural fairness issue, unreasonable reasoning or another decision that is properly reviewable. The work begins with the decision, reasons and record, and then moves through the court steps that are actually required in the particular case.
Judicial Review — detailed focus
From the refusal letter to the Court record.
The legal question is not simply whether the applicant disagrees with the decision. The assessment considers the decision, reasons, underlying record, procedural history and the standard of review or fairness issue that may be engaged.
Decision assessmentReasons, record, procedural history, timing and available review route.
Leave materialsInitiating Federal Court materials prepared for the correct proceeding and relief.
Applicant recordAffidavits/exhibits where appropriate, written argument, authorities and organized record material.
Hearing preparationFocused oral submissions, record references and understanding of the remedy the Court may grant.
Assessment of the refusal, reasons, deadline and available Federal Court route
Preparation of an Application for Leave and Judicial Review where appropriate
Preparation of the Applicant’s Record, affidavit evidence and exhibits where properly admissible
Legal research, written submissions and memorandum-style argument
Analysis of procedural fairness, reasonableness and other reviewable issues
Correspondence and litigation steps with the respondent’s counsel where required
Federal Court hearing preparation and oral advocacy within the agreed retainer
A typical judicial review workflow
01Decision & deadline review
Confirm the decision, reasons, date received, procedural history and the applicable route before taking a court step.
02Leave application
Prepare the initiating Federal Court materials and identify the reviewable issues raised by the decision and record.
03Applicant record & argument
Assemble the proper record, affidavit material where admissible, authorities and focused written submissions.
04Hearing & remedy
If leave is granted and the matter proceeds, prepare for the hearing and the relief that may lawfully be requested.
Not every matter follows the same sequence, and judicial review does not guarantee approval of the underlying immigration application.
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Mandamus & delayed applications
A prolonged immigration or citizenship application may justify an assessment of whether a court order requiring action is available. We examine the application history, communications, outstanding requests and explanation for the delay before recommending a course of action. A mandamus proceeding seeks action on a legal duty; it does not guarantee approval of the underlying application.
How we help
Detailed chronology of the application and processing history
Assessment of the length and explanation for delay
Review of IRCC / citizenship correspondence, webforms and prior follow-up
Demand correspondence where appropriate before litigation
Preparation of the mandamus leave record, affidavit evidence and written argument
Federal Court conduct and hearing preparation within the agreed retainer
Different immigration decisions lead to different review or appeal routes. We assess the decision-maker, eligibility, applicable restrictions and potential grounds before discussing an appeal. Proceedings may belong before an Immigration and Refugee Board division or a court; not every refusal carries a right of appeal.
How we help
Assessment of available appeal routes
Evidence and legal-argument preparation
Representation within an agreed appeal mandate
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CBSA matters & enforcement-related advice
Contact from the Canada Border Services Agency can raise questions about status, reporting, interviews or enforcement. We examine the correspondence and the procedural context, explain the issues that require attention, and prepare the client for the steps within our agreed engagement. The right response depends on the facts and the notice received.
How we help
Review of CBSA correspondence
Preparation for interviews and reporting matters
Advice on immigration-enforcement concerns
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Admissibility hearings
An allegation of inadmissibility deserves an organized response to the evidence and the legal grounds raised. Where an admissibility hearing is referred to the Immigration Division of the Immigration and Refugee Board, we assess the allegations, prepare supporting material and make submissions within the scope of representation.
How we help
Review of allegations and disclosure
Preparation of relevant evidence
Representation before the appropriate tribunal
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Immigration detention reviews
Immigration detention is a distinct process from a criminal bail proceeding. Detention reviews are conducted by the Immigration Division of the Immigration and Refugee Board. We review the reasons for detention, consider the evidence and possible release proposals, and prepare submissions responsive to the issues in the particular review.
How we help
Detention record and circumstances review
Assessment of possible release arrangements
Preparation for detention-review hearings
What to prepare.
The full decision or notice, including all pages.
The date and method by which it was received.
Copies of earlier applications and relevant correspondence.
A chronology of significant events and any upcoming dates.
Keep sensitive information for the appropriate intake process. The initial enquiry form is not for evidence or document uploads.
Important: Deadlines can be short and depend on the decision and the available procedure. Telephone the office promptly; an enquiry does not suspend a deadline or confirm that proceedings have been commenced.
Common questions.
Does judicial review guarantee a visa or approval?
No. The court process addresses reviewable error and the relief available in that proceeding. Even when a decision is returned for reconsideration, approval is not guaranteed.
Is mandamus appropriate for every delayed application?
No. The application history, nature of the duty, length and explanation of the delay, and the steps already taken all matter. A delay assessment should come before a decision to litigate.
Are CBSA and the Immigration and Refugee Board the same?
No. CBSA has border and enforcement responsibilities. The Immigration Division of the Immigration and Refugee Board conducts admissibility hearings and immigration detention reviews.
These independent government and court resources provide general information. They are not a substitute for advice on your matter. Requirements may change.
Speak with the office
A clearer next step starts here.
Tell us the type of help you need. We will discuss availability, the consultation process and the scope of assistance for your matter.
