Immigration applications are not always without challenges. For those whose applications have been denied, our Vancouver immigration lawyers may be able to help. We provide full-service support to individuals, families, businesses, and corporations handling immigration matters in British Columbia and Canada.
Our Vancouver immigration appeals and litigation lawyers at Watson Goepel LLP help clients understand the decision, assess available remedies, and prepare a practical strategy for the next step. Contact us today to find out how we may be able to assist with your case.
Immigration Appeals and Litigation Support in British Columbia
A refusal, removal order, residency obligation determination, or long delay can affect your family, employment, education, and future in Canada. The right response to your situation will depend on the type of decision, the deadline that applies, and the forum that has jurisdiction.
Our immigration appeals and litigation team brings a wealth of knowledge and experience to our practice at Watson Goepel LLP. As a former Assistant Deputy Chair of the Immigration Appeals Division of the Immigration and Refugee Board, our lawyer, Anita Boscariol, has represented clients before all three Divisions of the Immigration and Refugee Board and in immigration matters before the Federal Court.
Our immigration team helps clients in Vancouver, across British Columbia, and internationally with complex immigration disputes. We focus on clear explanations and advocacy that reflect the legal test that applies to your matter.
Immigration and Refugee Board (IRB) Appeals We Assist With
For those who are experiencing difficulties in their journey to become Canadians or to stay in Canada, we offer our services and expertise with IRB appeals, including:
- Family class refusal appeals, including sponsorship refusals involving spouses, partners, dependent children, parents, and grandparents.
- Loss of permanent residence determination appeals, including residency obligation appeals, where humanitarian and compassionate considerations may be relevant.
- Removal order appeals, including urgent matters where a person may need to seek a stay or prepare evidence quickly.
- Citizenship refusals and related litigation where legal errors, fairness issues, or incomplete reasons may need to be reviewed.
- Minister’s appeals and other contested immigration appeals matters where representation before the IRB may be required.
- And more.
The Immigration Appeal Division hears appeals involving sponsorship, removal orders, and residency obligations. Based on your appeal, it may consider whether the original decision was wrong in law or fact, whether there was a breach of natural justice, and, in some cases, whether humanitarian and compassionate considerations might support the reversal of a negative decision.
Federal Court Immigration Litigation
Federal Court litigation is different from an appeal before the IRB. In many immigration matters, a person must first obtain permission from the Federal Court before the Court will review the decision. Judicial review focuses on whether the decision was legally reasonable, procedurally fair, and made within the decision-maker’s authority.
Our Vancouver immigration appeals and litigation lawyers assist with Federal Court matters involving:
- Refused visas
- Refused work permits
- Denied study permits
- Citizenship refusals
- Loss of permanent residence status
- Removal orders
- Removal order stay applications
- And other decisions made under the Immigration and Refugee Protection Act.
We also assist with mandamus applications. A mandamus application is a legal remedy made by an individual who believes that a government official has unreasonably delayed or failed to decide on their application.
Taking a Strategic Approach to Refusals, Delays, and Removal Risks in Vancouver
Immigration litigation is often evidence-driven and deadline-sensitive. Our immigration litigation lawyers in Vancouver can review the written decision, application record, procedural history, and available evidence to identify the strongest pathway forward. Depending on the circumstances, that may include preparing an appeal record, requesting disclosure, filing evidence, negotiating with government counsel, or asking a court or tribunal to intervene.
Clients who also need help with applications, family sponsorship, or broader immigration planning can work with our team, which supports immigration for families and individuals.
When To Speak With A Vancouver Immigration Appeal Lawyer
It is important to seek legal advice as soon as you receive a refusal, notice, removal order, or request from immigration authorities. Immigration appeals and judicial reviews often involve strict filing deadlines. Waiting can limit your options, especially if your removal from Canada is being scheduled or if a deadline to appeal has already started to run.
A consultation with an immigration appeals and litigation lawyer can help you understand whether your matter should proceed through the IRB, the Federal Court, a reconsideration request, a new application, or another type of process.
Frequently Asked Questions About BC Immigration Appeals & Litigation
Can I appeal a refused immigration application in Canada?
It depends on the type of application and decision. Some refusals may be appealed to the IRB, while others may require a Federal Court application for leave and judicial review. A Vancouver immigration appeal lawyer can review your decision letter and identify the correct steps you should take.
What is the difference between an immigration appeal and judicial review?
An appeal may allow the decision-maker to consider law, facts, and, in some cases, humanitarian and compassionate factors. Judicial review asks the Federal Court to review whether the decision was reasonable and procedurally fair. The correct process depends on the legislation and the decision being challenged.
Can a lawyer help if my immigration application has been delayed?
Yes. In some cases, an unreasonable delay may support a mandamus application in Federal Court. Before starting litigation, a lawyer will usually assess the length of the delay, the reason for the delay, the steps already taken, and whether the applicant has done what was required.
Should I reapply or challenge the refusal?
The answer depends on the refusal reasons, the evidence available, your timelines, and your long-term immigration goals. Sometimes a stronger new application is best. In other cases, an appeal or judicial review may be needed to address a legal error or unfair process. An immigration appeal and litigation lawyer in Vancouver can help you decide which pathway to choose based on your unique circumstances.
Speak With our Immigration Litigation & Appeals Lawyers in Vancouver Now
If you have received an immigration refusal, removal order, or other decision that puts your future in Canada at risk, contact our Vancouver immigration appeals and litigation lawyers. To request a consultation and for all other immigration inquiries, please contact us online or call Watson Goepel LLP at (604) 688-1301.
