IMMIGRATION LITIGATION

Denied entry into Canada or had your Visa or ETA refused?

Learn How We Can Help You Today

REFUSED CASES:

REQUEST FOR RECONSIDERATION

Oftentimes, it may be advisable to make a request for reconsideration of your refused application prior to appealing the negative decision. Where an application for a Visa was refused because of insufficient information provided or because the decision-maker misunderstood the information presented, a request for reconsideration can be made attaching the additional evidence to support the application that address the concerns of the decision-maker. Where there is new evidence in support of a case the immigration, authorities may reconsider their decision. Aviou Law Firm can help you prepare a convincing submission to the relevant decision-maker, obtaining a quick resolution in the case absent the need for an appeal.

DELAYED CASES:

APPEALS AT THE FEDERAL COURT

If your Canadian permanent or temporary visa application has surpassed the published processing time and you are yet to have a decision rendered, you can petition the Federal Court of Canada requesting that the court compels the relevant immigration authorities to finish processing of your application and decide. Aviou Law can assist you in pursuing this judicial remedy.

APPEALS AT THE

FEDERAL COURT OF CANADA

Applicants for either permanent or temporary resident status who applied for a visa and were rejected, can appeal the negative decision of the immigration authorities to the Federal Court within 15 days (if the decision or order arose in Canada) or within 60 days (if the decision or order arose outside of Canada). The appeal will proceed as a judicial review, meaning that the court will review the decision and the evidence that was before the decision-maker and will decide whether the decision was reasonable considering the evidence, procedurally fair, and otherwise made in accordance with the law. If the court finds that the immigration authorities made an error, the court will send the case back to the immigration authorities for re-determination of the application. It is not necessary for the applicant to be in Canada or to appear before the Court in person, the case can be managed entirely by our law firm including any appearances at the Court.

FAMILY & SPOUSAL

SPONSORSHIP APPEAL

If the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, has been refused by the Immigration, Refugee and Citizenship Canada, the sponsor may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) within 30 days of the refusal.

Aviou Law can assist in preparing this judicial remedy.

A foreign national is inadmissible on health grounds if their health condition

 

(a) is likely to be a danger to public health;

(b) is likely to be a danger to public safety; or

(c) might reasonably be expected to cause excessive demand on health or social services.

Temporary Resident Permit


Those who are typically medically inadmissible to Canada may still be granted entry if it can be shown that they have a valid reason for their visit and that reason can be justified in the circumstances.

Aviou Law can help assist in challenging medical inadmissibility cases.

MEDICAL INADMISSIBILITY

CRIMINAL INADMISIBILITY

Those permanent residents and foreign nationals who are found to have committed criminal acts may be deemed inadmissible to Canada and are therefore ineligible for entry into Canada. Both minor and serious crimes will likely deem you inadmissible to Canada. Fortunately, such persons may overcome this criminal inadmissibility in one of two ways:
 

  1. Rehabilitation, or​

  2. Temporary Resident Permit: A criminally inadmissible person may still be granted entry into Canada if they have a valid reason to travel to Canada and that reason can be justified in the circumstances.


Aviou Law Firm can assist in helping you overcome your criminal inadmissibility.

REHABILITATION FOR PERSONS WHO ARE INADMISSIBLE TO CANADA BECAUSE

OF PAST CRIMINAL ACTIVITY

To successfully immigrate to Canada whether as a temporary or permanent resident or even to simply visit you would need to be criminally admissible.

A person is considered criminally inadmissible and therefore ineligible to immigrate or visit Canada if the person:
 

  • Was convicted of an offence in Canada;

  • Was convicted of an offence outside of Canada that is considered a crime in Canada; or

  • Committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.


Those who find themselves criminally inadmissible to Canada may overcome such inadmissibility. Aviou Law Firm can help in the preparation of your rehabilitation application and also that of a record suspension thereby making you admissible to Canada.