Navigating the Humanitarian and Compassionate Grounds for Refusals: A Guide to Judicial Review

As an immigration lawyer, one of the most challenging aspects of my work is helping clients navigate refusals of their immigration applications on humanitarian and compassionate (H&C) grounds. These refusals can be devastating for families who are seeking to reunite in Canada, or for individuals who have made a life for themselves in Canada and are facing removal. However, it is important to remember that a refusal is not the end of the road – there are options available to challenge the decision.

The first step in challenging a refusal on H&C grounds is to understand the reasons for the refusal. There are a number of factors that can impact the decision, including criminality, medical inadmissibility, and financial circumstances. Depending on the reason for the refusal, there may be additional steps that need to be taken before proceeding with a judicial review.

If your application has been refused, you have two options for challenging the decision: you can either make a new application or apply for judicial review. Making a new application is often the simplest and most cost-effective option, particularly if the reason for the refusal is something that can be addressed with additional supporting documents or evidence. However, if you have been refused multiple times, or if you believe that the refusal was unjust or unfair, then a judicial review may be the best option.

A judicial review is a legal process that allows a judge to review the decision of an administrative tribunal or decision-maker, such as an immigration officer. In the context of immigration refusals, a judicial review is heard by the Federal Court of Canada. During the review, the judge will consider the evidence that was before the decision-maker at the time the decision was made, as well as any additional evidence that has been submitted by the applicant.

The goal of a judicial review is not to determine whether the decision was the right one, but rather to determine whether the decision-maker acted within their jurisdiction and followed the appropriate procedures. If the judge determines that the decision-maker made an error, then the decision may be sent back for reconsideration or a new decision may be made.

It is important to note that the process for judicial review can be complex and time-consuming. It is essential to have an experienced immigration lawyer who is familiar with the process and can guide you through each step. Your lawyer will help you prepare your application for review, gather evidence, and argue your case before the court.

At Lawgical Law Corporation, our team of experienced immigration lawyers understands the challenges that come with navigating refusals on H&C grounds. We are dedicated to helping our clients achieve their immigration goals and will work tirelessly to ensure that your case is given the best possible chance of success. If you have been refused on H&C grounds, contact us today to schedule a consultation and learn more about your options for challenging the decision.