Immigration Litigation | Englobe Law LLP

Immigration Litigation Services in Toronto

We represent clients in Federal Court proceedings challenging refused visitor visas, study permits, work permits, permanent residence applications, and other immigration decisions.

Judicial review concerns the reasonableness of a decision and the fairness of the process used to reach it. We examine the refusal reasons against the application record, identify grounds for a challenge, and prepare the application for leave and judicial review.

The Court generally considers the record that was before the decision-maker. If a challenge succeeds, the usual result is that the decision is set aside and returned for reconsideration. Approval of the underlying application remains a separate decision.

When an application remains undecided for an extended period, we assess whether there are grounds to seek a mandamus order requiring the responsible authority to act.

We review the processing history, any explanation for the delay, your efforts to obtain a decision, and the effect on your circumstances. Where the legal requirements are met, we bring proceedings seeking a decision on the application. A mandamus order requires action; it does not direct the authority to approve the application.

We represent clients before the Immigration Appeal Division in:

Sponsorship appeals: challenging the refusal of a sponsored family member’s application for permanent residence.

Residency obligation appeals: challenging an overseas determination that a permanent resident has not met the residency obligation, including certain refusals of permanent resident travel documents.

Removal order appeals: challenging a removal order where a statutory right of appeal exists.

Minister’s appeals: responding when the Minister appeals a favourable decision of the Immigration Division.

We assess your appeal rights and the grounds available, prepare documentary evidence and witnesses, and represent you at an alternative dispute resolution conference or hearing. Depending on the matter, an appeal may involve legal or factual errors, humanitarian and compassionate considerations, or both.

A procedural fairness letter gives you an opportunity to respond to concerns before a decision is made. The officer may question information in your application, the authenticity of documents, or whether you meet the requirements of the immigration program.

We examine the concerns and the underlying record, identify the evidence needed to answer them, and prepare a focused response. Where a misrepresentation finding has already been made, we assess whether an appeal or judicial review is available.

If you have received a removal order or a scheduled removal date, we assess the available legal steps and the time within which they must be taken.

Depending on your circumstances, this may involve an appeal, a request to defer removal, or an urgent motion for a stay in the Federal Court. We review the underlying decisions, any related proceedings, and the evidence needed to support the relief sought.

A court-ordered stay temporarily prevents removal on the terms of the order. It does not itself grant immigration status or resolve the underlying case.

How We Approach Your Immigration Matter

We begin with the decision, application materials, correspondence, and available officer’s notes or tribunal reasons. In delay cases, we examine the processing history. In removal matters, we confirm the enforcement arrangements and any scheduled removal date.

We identify urgent deadlines at the outset so that the necessary initial steps can be taken while the fuller review continues.

We consider whether the evidence and applicable law support the proposed challenge. We explain what each available remedy can achieve, the difficulties the case presents, and whether another course, such as a fresh application, may better serve your objectives.

You receive advice directed to your circumstances and the decision you need to make.

The preparation depends on the proceeding. Judicial review generally focuses on the existing record and the decision-maker’s reasons. An appeal may require additional documents, witness testimony, and evidence supporting humanitarian and compassionate relief. A stay motion requires evidence addressing the legal test for urgent relief.

We prepare the case around those requirements and comply with the applicable filing and disclosure deadlines.

Some matters can resolve without a contested hearing. We assess settlement proposals and explain their practical effect before you decide whether to accept them.

Where a hearing is required, we present your case through the appropriate evidence and legal submissions. In Federal Court judicial review proceedings, the Court must generally grant leave before the matter proceeds to a hearing.

We explain the outcome and any further steps it requires. A successful judicial review may lead to reconsideration by a different decision-maker. An appeal may resolve the disputed decision or result in relief subject to conditions. A temporary stay may allow related proceedings to continue.

Our advice addresses what the result means for you and what must happen next.

When to Contact an Immigration Litigation Lawyer

A few situations where it's worth getting legal advice promptly:

And you believe the decision involved an error or was unreasonable given the evidence submitted.

This requires a response, and how it's handled can significantly affect the outcome of your application.

rocessing has stalled well beyond normal timelines with no clear reason given.

A removal order has been issued or is being enforced, and you need to understand what options remain.

A sponsorship, residency, or removal decision has gone against you, and you're considering next steps.

In each of these situations, the specific facts and applicable deadlines shape what's possible, which is why getting advice as early as possible matters.

Strict Deadlines in Immigration Litigation

One of the most important things to understand about immigration litigation is how unforgiving the timelines can be. Judicial review applications, appeal deadlines, and urgent court applications are all subject to strict statutory limits; in many cases, measured in a matter of days from the date of the decision or the removal notice.

Missing these deadlines can mean losing access to a remedy entirely, regardless of how strong the underlying case may be. If you're dealing with a refusal, a removal order, or any other time-sensitive immigration matter, acting quickly is often the single most important step you can take to preserve your legal options.

Why Choose Our Toronto Immigration Litigation Lawyers

We represent individuals and families in court through some of the most stressful moments in their immigration process.

Judicial review has its own procedures and standards, and we bring that specific experience to your case.

Immigration litigation often involves layered facts and legal issues. We work through them carefully rather than taking

Whether through written submissions or oral argument, we present your case with the thoroughness it deserves.

That context shapes how we build your case from the outset.

Given how much these deadlines matter, we prioritize acting quickly without sacrificing the quality of your case.

Speak With an Immigration Litigation Lawyer

If your application has been refused, you've received a procedural fairness letter, your case has been delayed without explanation, or you're facing removal, getting legal advice quickly can make a real difference in what options remain available to you.

At Englobe Law LLP, we assist individuals and families across Toronto, North York, Scarborough, Mississauga, Vaughan, and throughout Ontario with immigration litigation matters.

Speak With a Lawyer Book a Consultation

Frequently Asked Questions

What is judicial review in immigration cases?

udicial review is a process before the Federal Court where a person can challenge a decision made by an immigration officer or tribunal. It doesn't retry the case on its merits but examines whether the decision-making process was fair and reasonable.

What is a mandamus application?

A mandamus application asks the Federal Court to compel a government authority to make a decision on an application that has been unreasonably delayed. It's used when a case has stalled well beyond normal processing times without adequate explanation.

Can I appeal a refused immigration application?

It depends on the type of decision. Some refusals can be challenged through judicial review at the Federal Court, while others, such as certain sponsorship or removal order decisions, may only be appealable to the Immigration Appeal Division.

What is a procedural fairness letter?

A procedural fairness letter is issued when an immigration officer has concerns about an application, such as potential misrepresentation or missing information, and gives the applicant an opportunity to respond before a final decision is made. How this letter is answered can significantly affect the outcome.

Can I stop my removal from Canada?

In some circumstances, yes. It may be possible to seek a stay of removal from the Federal Court, which temporarily halts enforcement while an underlying legal challenge, such as a judicial review application, is pursued. These applications are time-sensitive and often need to be brought urgently.

What happens if I miss a deadline for judicial review or appeal?

Missing a statutory deadline can result in losing the right to pursue that remedy entirely, regardless of the strength of the underlying case. In limited circumstances, an extension of time may be requested, but this isn't guaranteed and depends on the specific circumstances.

Disclaimer: This page provides general legal information only and does not constitute legal advice.

Immigration Litigation Lawyer in Toronto, Ontario