Citizenship and Immigration Law 

Definition of Citizenship and Immigration Law

The practice of Citizenship and Immigration Law is the practice of law relating to all aspects of Immigration and Refugee Protection. The practice of Refugee Protection Law encompasses all refugee determination matters arising out of the Immigration and Refugee Protection Act, 2002, and Regulations, in particular Part II of the Act, eligibility and admissibility, detention and release, review and appellate remedies including the application of the Charter of Rights and Freedoms, the Bill of Rights and International Conventions.

The practice of Immigration Law encompasses all other matters, arising out of the Immigration and Refugee Protection Act, 2002 and Regulations, the Citizenship Act and Regulations, and related Statutes including matters involving temporary entry to Canada, permanent entry, enforcement, citizenship, review and appellate remedies, including the application of the Charter of Rights and Freedoms and Bill of Rights.

• Eligibility matters

• Refugee matters

• Rejected Refugee Claimants

• Preparation and filing of Personal Information Forms

• Appearances at Refugee Hearings before the Immigration and Refugee Board

• Applications for Leave and Judicial Review

• Opinions on the merits of further proceedings

• Perfecting the Application for Leave and Judicial Review in the Federal Court

• Advising clients or prospective clients on post refugee reviews either under PDRCC or PRRA

• Processing such applications

• Detention and Release matters of persons seeking Refugee Protection and their prospect of success.

• Attendance at hearings before the Immigration Division in respect to these matters

• Stays of Deportation or Removal

• Humanitarian and Compassionate applications

Immigration Law

Applications for Permanent Residents:

• Skilled Workers matters;

• Family Class and Spouse in Canada Sponsorship matters; and

• Business Class matters.

Applications for Temporary Entry

• Acquisition of temporary status as a Foreign Worker/Foreign National issued a Work Permit, Foreign Student/Foreign National issued a Study Permit, Visitor /Foreign National status, Discretionary Entry which involves the following:

• Assessment of prospects to obtain temporary status as a Worker, Student or Visitor including Employment Authorizations/Work Permit matters

• Employment validation or labour market opinion matters;

• Validation exempt matters: GATS, NAFTA or exemptions provided under the former Immigration Act or the Immigration and Refugee Protection Act and Regulations.

• Entitlement to status as a Visitor or a Foreign Student including extensions of such status.

Applications for Entry in Circumstances of Inadmissibility

• medical inadmissibility,

• criminal inadmissibility; and

• other form of inadmissibility.

Applications for Humanitarian and Compassionate Relief and Discretionary Relief

• Assessment of the prospects of success in the acquisition of humanitarian and compassionate relief or discretionary determinations (i.e. Positive Discretion /Substituted Opinion) and Ministers Permits / Temporary Resident Permits.

Applications for Appellate or Judicial Relief

• Immigration and Refugee Board Appeals or Applications for Judicial Review

• Advising clients or prospective clients as to the assessment of their prospects for success, including: Immigration and Refugee Board matters, and Federal Court of Canada matters.

• Perfecting the Application for Leave and for Judicial Review in the Federal Court,

• Appearing before the Federal Court or provincial Superior Court on any Immigration matter

• Appearing before the Immigration Appeal Division on an appeal

Applications for Maintaining or Reinstating Permanent Resident Status and Canadian Citizenship

• Maintaining or reinstating Permanent Resident Status or obtaining Canadian citizenship

• Providing strategic advice to clients or prospective clients as to the assessment of their prospects for maintaining their permanent resident status or obtaining Canadian citizenship.

Danger Opinions, Inquiries, Stay of Removal and Detention Reviews

• Possible opinion by the Minister that an individual constitutes a danger to the public in Canada

• Deportation and removal

• Misrepresentation

• Breach of terms and conditions of entry or landing, and/or loss of status;

• Applications in the Federal Court for a stay of removal; and/or detention reviews