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Immigration Law
Getting rejected by the immigration office is a reality now. That is where Amity Law Professional Corp. can help you to plan a course of action and challenge the decision in the Federal Court.
We are quite well versed in preparing the required plan depending on the application that has been submitted by the clients. Our lawyers can help you to challenge the decision by filing a Judicial Review application in Federal Court. If you want to proceed with sponsorship application, we can help you to register a case in the Immigration Appeal Division (IAD).
To challenge an immigration refusal, you can take assistance from our expert lawyers to file an Application for Leave and Judicial Review. Most of clients do not know about the purpose of these applications. With the help of Application for Leave, you can ask the court to consider to allow your application process. Meanwhile, the Judicial Review application is filed to request the court to re-consider the proposed immigration refusal decision.
With Judicial Review, the court will limitedly check the decision that whether it has been made fairly and according to the rules of law. The court will look at the evidence that was presented to immigration officer at the time of application. All of this material is based on an affidavit evidence, not on the actual witness in the court. So, the relevant case judge will look into the application and determine whether the decision was made wrongfully or not. As an experienced immigration lawyers, we can help you to make up the case and present it professionally before the judge.
By filing an appeal at the IAD, the status given to it is termed “hearing de nevo” which means a completely new hearing of the application. This will also include new evidences if found any in the case. Thus the Board Member can also announce a new decision based on the merit of evidence produced. In this case, several witnesses can provide “viva-voce” or “live” evidence or affidavit evidence in front of the judge. If somehow IAD appeal gets rejected, then you also have the chance to challenge it again by filing a Judicial Review application to the Federal Court.
But, keep in mind that both Federal Court and IAD act on a similar legal principle called “red judicata”. It means that the fate of the case has been decided and it can’t be changed again. So, if the case has been refused, then it is simple impossible to change it or make it hear again by the court. In this type of scenario, Amity Law Professional Corp. can help you to build a new case with much stronger evidence and submit it to the court. This way it can also help applicants to get a new decision quickly, because older cases in Federal Court or IAD can take months or years to be heard again.
If you’ll face refusal in immigration application, our lawyers will help you to work on other options. Keep in mind that both lawyers and consultants can appear before the IRB with the immigration application. But, when it comes to Federal Court, only lawyers are allowed to appear before the court. Hence, if you want to cover all the basis in Federal Court, choose us as we will ensure to represent your immigration case in the best way possible.
