If you are facing rejection, an inadmissibility hearing, or need guidance on your legal status in Canada, you are probably feeling trapped in an immigration maze of sorts and don't know how to get out. Not surprisingly. This is a world full of intricate and sometimes difficult paths to navigate if you do not have the guidance of a specialist to represent you properly.

In this blog, you will learn about critical Canadian immigration legal situations that can affect your status and how to get out of them with professional help. Let's get started.

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What are "critical legal situations" in Canadian immigration?

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Critical legal immigration situations are those that can lead to the loss of your status, deportation, or the impediment of your entry or stay in Canada. They are not simple formalities; they are complex processes that require a thorough knowledge of the law and procedures, as well as of the forms that can be filled out as a support tool to learn about the remedies available. Some of the most common critical legal situations include:

• Refugee applications

When your life is at risk in your home country and you seek protection in Canada, the refugee claim process takes on value, but this terrain is marked by a large number of requirements and interviews that the foreigner has to undergo, where credibility and evidence are fundamental. A mistake or hesitation in the answers can determine your legal entry into the country. 

Having strong legal representation can ensure that your case is presented effectively and your rights are protected.

• Inadmissibility proceedings (IRB hearings)

If the Canadian government believes that you are inadmissible to the country (for reasons of security, health, criminal record, misrepresentation, etc.), you may be referred to a hearing before the Immigration Division (ID) of the Immigration and Refugee Board (IRB). These hearings are formal proceedings where evidence and arguments are presented to determine whether you can stay or enter Canada. 

In these cases, having a specialized legal representative can help you get through these hearings without making them an uncomfortable and intimidating experience. 

• Immigration Appeals

The denial of your application for permanent residence, a permit, or an order of removal is not always the end of the road. In many cases, you may have the right to appeal the decision to the Immigration Appeal Division (IAD) of the IRB. 

An experienced immigration attorney can evaluate the merits of your appeal, prepare a strong case with all the supports, and represent you before the board.

• PRRA (Pre-Removal Risk Assessment)

If you have been the subject of a removal order and are not eligible for an appeal, you may be entitled to request a Pre-Removal Risk Assessment (PRRA). This process assesses whether you would face a risk of persecution, torture, or a risk to your life or safety if you were returned to your home country. 

• Judicial reviews before the Federal Court

When all administrative avenues have been exhausted and you believe that an immigration decision was unreasonable or legally incorrect, the last resort may be to apply for a judicial review in the Federal Court of Canada. This is not a new application process, but a review of the legality of the decision-making process. It is a highly technical procedure that requires the expertise of a lawyer specializing in immigration litigation. 

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What is a judicial review?

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‍Judicial review is a process in which a federal court acts to look in detail at the legality of a decision made by a government entity, which, in the case of Canada, is Immigration, Refugees and Citizenship. It is not an appeal in the traditional sense; that is, it does not reconsider the facts or evidence of the case, but rather assesses whether there was an error in the interpretation of the law, an abuse of authority, or a lack of fair procedure on the part of the official who made the decision. 

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When should I consider it?

‍You may consider applying for judicial review if you believe that:

1. There was an error of law: if you think the IRCC officer misapplied the law or disregarded evidence you submitted.
2. There was a procedural error: if you feel that you were not given an opportunity to be heard or that the process was not fair.
3. The decision was unreasonable: if the decision appears to be based on grounds that are unclear or contradictory.

‍Who is responsible for applying for judicial review?

In Canada, the person who is responsible for requesting a judicial review is the person affected by the decision. In other words, if your visa or permit was refused, or your application for permanent residence was denied, it is you who has the right to request this review.

Although it is the applicant who initiates the process, it is highly recommended and, in practice, almost indispensable, that he or she have a lawyer specialized in immigration law to carry out a judicial review.

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Why is specialized help indispensable?

Each of these critical situations can plunge you into a sea of prolonged worry if you do not know how to proceed correctly. Here, knowledge of the law, trial experience and the ability to present your case convincingly are the keys to success. A qualified immigration attorney can evaluate and prepare your case, through the study of your legal options and the likelihood of succeeding. Gather the necessary documentation, draft strong legal arguments and prepare you for hearings or interviews.

In addition, he can represent you and guide you through every step of the process, protecting your rights and defending your interests before the immigration authorities or the courts.

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Form to request judicial review

At Immiland Law, we have a useful tool that allows us to identify potential candidates for judicial review or determine whether we can pursue other legal remedies. Go to click here to fill out the form. to fill out the form.

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Immiland Law: Legal Representation for Immigrants in Canada

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At Immiland Law, we support the immigrant population to properly channel any situation of vulnerability they are going through. With our professional guidance, the affected immigrant can dispel the typical confusions of the complex Canadian immigration system and understand what their best option is.

Our team of experienced attorneys is available to guide and defend you legally. We specialize in representing immigrants who find themselves in these critical situations, offering solutions that will give you peace of mind and confidence.

No immigrant has to face vulnerable situations alone. For these difficult times, professional help is available. Immiland Law can represent you. Contact us today for a consultation and find out how we can help you overcome the legal obstacles in your immigration process. Visit our immigration website and select the services you require.

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I hope this topic will be useful. Please share it with other interested people and help us spread the word about legal support in Canada for the immigrant population at risk.

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Thanks for reading! See you in the next blog!

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With love, 

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Immiland Law Professional Corporation