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Federal Court Litigation

Overturning Unfair Immigration Decisions

Receiving a refusal letter from Immigration, Refugees and Citizenship Canada (IRCC) can be devastating, especially when you know you met all the requirements. Unfortunately, visa officers can make mistakes. They may ignore critical evidence, apply the law incorrectly, or make decisions that are fundamentally unreasonable and procedurally unfair.

If your application has been unjustly denied, a Judicial Review in the Federal Court of Canada may be your best option. At Gurna Law Corporation, we have the specialized litigation experience required to take IRCC to court. We meticulously analyze the officer’s reasoning, build compelling legal arguments, and fight aggressively to have your refusal overturned so your application can be processed fairly.

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17+

Years Experience
International Litigation & Immigration

Strategic Legal Advocacy

Why Trust Us With Your Federal Court Case?

Litigating in the Federal Court requires a different skill set than simply filing a visa application. We bring tenacity, strict attention to legal detail, and persuasive advocacy to every Judicial Review we handle.

Federal Court Litigation Experience

Judicial Reviews take place in the Federal Court of Canada, requiring highly specific litigation skills. Our legal team possesses the deep expertise necessary to confidently represent you at this level.

Identifying Legal & Procedural Errors

We meticulously review the visa officer’s notes (GCMS notes) to identify instances where the decision was legally flawed, factually unreasonable, or procedurally unfair.

Strict Adherence to Deadlines

The window to file for a Judicial Review is incredibly tight—often just 15 days for decisions made inside Canada. We move swiftly and decisively to secure your right to challenge the refusal.

Honest Case Assessments

Federal litigation is a serious undertaking. We provide a transparent, upfront evaluation of your chances of success before you invest time and money into the Federal Court process.

Comprehensive Written Arguments

Success in Federal Court relies heavily on written advocacy. Our lawyers draft compelling, legally sound memorandums of argument to persuade a judge to reopen your case.

Strategic Resolution Pathways

Often, a strong application for ‘Leave’ will prompt the Department of Justice to settle the matter outside of court. We negotiate aggressively to get your application reopened faster.

Serving Across British Columbia

Areas Served by Gurna Law Corporation

We provide expert Judicial Review and Federal Court litigation services to clients across multiple locations in British Columbia, ensuring your right to a fair immigration process is protected no matter where you reside.

FAQ – Challenging Refusals

Federal Court & Judicial Reviews – Frequently Asked Questions

Understanding the Federal Court process can be intimidating. We have compiled clear, straightforward answers to the most common questions regarding Judicial Reviews to help you understand your legal options.
What exactly is a Judicial Review in Canadian immigration?
A Judicial Review is a legal process where we ask the Federal Court of Canada to review a negative decision made by an immigration officer, the IRB, or IRCC. The court examines whether the decision-maker acted fairly, reasonably, and within their legal authority.
No. In an appeal, a new decision-maker can look at the facts and make a new decision. In a Judicial Review, the Federal Court judge only determines if the original decision was legally sound. If we win, the judge doesn’t approve your visa; they order a different immigration officer to process your application again, fairly.
We can challenge almost any final decision made under the Immigration and Refugee Protection Act (IRPA). This includes refused study permits, denied work permits, rejected permanent residency applications, failed refugee claims, and negative Humanitarian and Compassionate (H&C) decisions.
Time is of the essence. If the decision was made inside Canada, you have only 15 days from the date you received the refusal letter to file. If the decision was made outside Canada, you have 60 days. Missing these strict deadlines usually means losing your right to challenge the decision.
Generally, no. A Judicial Review is strictly based on the exact same information and documents that were in front of the visa officer when they made their original decision. You cannot introduce new evidence to strengthen your case at this stage.
A Judicial Review is a two-step process. First, we must apply for ‘Leave’ (permission) from a Federal Court judge to have your case heard. We submit written arguments proving the officer made an error. If the judge grants Leave, we proceed to a full oral hearing.
No, you generally do not need to attend the Federal Court hearing. Our experienced litigation lawyers will appear in court on your behalf to present oral arguments to the judge and answer any of their legal questions.
This is a common and favorable outcome! If our written arguments are strong enough, the Department of Justice (lawyers representing IRCC) may offer to settle. They will agree to quash the refusal and send your application back to a new officer without needing a court hearing.
The timeline can vary greatly depending on the Federal Court’s schedule and whether the Department of Justice decides to settle. On average, the process from filing the initial application to receiving a final decision can take anywhere from 6 to 12 months.
By law, immigration consultants are not permitted to represent clients in the Federal Court of Canada. Only a licensed lawyer can file a Judicial Review and litigate your case before a federal judge. It requires highly specialized legal knowledge and advocacy skills.

Testimonials

What Our Client Says?

Explore the journeys of satisfied clients and see how strategic legal representation changed the outcome of their cases.

Client Review

“From a voluntary departure order to a work permit approval, my journey with Gurna Law Corporation was extraordinary.”
Lokesh Kumar (LK)

Client Review

“After multiple refusals in the past, I approached Gurna Law Corporation and my tourist visa was approved in only a few days.”
Harman Sohi

Client Review

“The refusal decision was set aside after judicial review. They are always approachable, and Mr. Saravpreet Singh is particularly knowledgeable.”
Amir Zeb

Client Review

“After multiple refusals in the past, I approached Gurna Law Corporation and my tourist visa was approved in only a few days.”
Harman Sohi

Need Legal Advice?

Judicial Reviews Legal Assistance

Gurna Law Corporation delivers precise legal strategies for judicial reviews applications, ensuring every detail is handled with expertise and care.

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+1-604-261-3171

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Fill out the form to request a consultation. Our team will get back to you within 24 business hours to schedule an appointment.

Head Office

Unit 208–8028, 128th St., Surrey, BC, V3W4E9
Monday – Saturday, 10am – 6pm, Sunday Closed

Phone

+1-604-261-3171

Email

legal@gurnalaw.ca

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