NOW REBRANDED
Matkowsky Immigration Law is now Unified Immigration Lawyers. Same firm, same lawyers — new name.
Matkowsky Immigration Law is now Unified Immigration Lawyers. Same firm, same lawyers — new name.
An immigration refusal can be challenged when there are legal grounds to question how the decision was made. Unified Immigration Lawyers represents clients challenging immigration decisions in Federal Court. Our judicial review lawyers review the decision and evidence, identify legal or procedural errors, protect filing deadlines, and pursue an application for leave and judicial review when the case supports a Federal Court challenge.
Find out whether there are legal grounds to challenge your immigration decision: book a consultation with a judicial review lawyer.
A successful judicial review can result in the original immigration decision being set aside and the matter being sent back for a new decision. The Federal Court generally does not replace the immigration decision-maker and approve the visa, permit, permanent residence application, refugee claim, or other immigration benefit itself. Instead, the application is reconsidered in accordance with the law and the Court’s decision.
Unified Immigration Lawyers advises clients through both parts of that process: challenging the original decision and preparing for what happens after it is set aside.
Judicial review allows the Federal Court to review whether an immigration decision was lawful, reasonable, and procedurally fair. Our judicial review lawyers assess the decision and reasons, officer or tribunal notes, evidence before the decision-maker, procedural history, applicable immigration law and case law, and the Federal Court filing deadline.
Unified Immigration Lawyers handles judicial review cases involving:
We determine whether the decision gives you legal grounds to challenge it, and, if it does, build the Federal Court case around those grounds.
Being unhappy with a refusal is not a ground for judicial review. There must be a legal problem with the decision or the process used to reach it.
A decision may be unreasonable when the reasoning does not support the result, important evidence was overlooked or misunderstood, the wrong legal test was applied, or the findings cannot be justified based on the record and the law. Our judicial review lawyers compare the decision-maker’s reasoning with the evidence, immigration law, and relevant case law to identify errors that can support a Federal Court challenge.
Procedural fairness concerns can arise when an applicant was not given a fair opportunity to respond to an important concern, required procedures were not followed, or the decision-making process raises an issue of bias or unfairness. We review both what was decided and how it was decided. If the record supports a challenge based on unreasonableness, procedural fairness, or another reviewable error, we advise you on taking the matter to Federal Court.
Federal Court judicial review is deadline-driven and heavily dependent on the written record and legal arguments. Our immigration lawyers manage each stage of the process, from assessing the decision through resolution or a court hearing.
Judicial review is time-sensitive. For immigration matters under the Immigration and Refugee Protection Act, an application for leave generally must be filed and served within 15 days for a matter arising in Canada or 60 days for a matter arising outside Canada, calculated from when the applicant is notified of or otherwise becomes aware of the matter. The Court can extend the deadline in appropriate circumstances, but extensions are not automatic.
We identify the deadline at the outset so you know whether your right to challenge the decision can still be protected.
We examine the decision, reasons, evidence, procedural history, and applicable law to identify the errors that form the basis of the judicial review application. We also determine whether Federal Court is the right remedy. If the real problem is missing evidence or a weakness in the original application, reapplying or pursuing another available remedy may be the better course.
Judicial review of an immigration matter under the Immigration and Refugee Protection Act requires leave of the Federal Court. Our lawyers prepare and file the court materials, develop the written legal arguments, address the relevant legislation and case law, and manage the procedural requirements of the Federal Court case.
The Federal Court first decides whether the case should proceed to a judicial review hearing. The leave stage is decided on the written materials. If leave is refused, the judicial review does not proceed to an oral hearing. If leave is granted, the Court sets the matter down for a hearing.
Leave means the Court has allowed the judicial review to move forward. It does not mean the case has already been won.
A judicial review case does not always have to end with a judge deciding the matter at an oral hearing. After proceedings begin, our lawyers communicate with government counsel and assess opportunities to resolve the case where an appropriate resolution is available.
If the case proceeds to a hearing, we appear before the Federal Court to argue why the challenged decision should be set aside and respond to the government’s legal position.
Under the Immigration and Refugee Protection Act, the hearing is generally scheduled no sooner than 30 days and no later than 90 days after leave is granted, unless the parties agree to an earlier date.
Our judicial review lawyers pursue the strongest available resolution, whether that comes through an agreement before the hearing or a successful judicial review before the Court.
A refusal does not tell you what to do next. The reasons for the decision can.
Unified Immigration Lawyers reviews the decision, the application that was submitted, and the available legal remedies to determine whether judicial review is the right response. Depending on what went wrong, that may mean challenging the decision in Federal Court, pursuing an available appeal or reconsideration, or preparing a stronger reapplication.
When there are grounds for judicial review, our lawyers can:
We identify the problem, determine the right way to address it, and, when Federal Court is the answer, build and pursue the legal case to set the decision aside.
A refusal can affect your ability to work, study, remain in Canada, travel, or reunite with family. If the decision was unreasonable or the process was unfair, you may have grounds to challenge it, but Federal Court deadlines can run quickly.
Unified Immigration Lawyers can review the decision, confirm the deadline, identify the grounds for judicial review, and advise you on whether to take the case to Federal Court.
Find the service that fits your situation.
Explore the services below to understand your options and next steps. If you are unsure where to start, book a consultation with one of our lawyers.
Your $250 consultation gives you time with an immigration lawyer who will review your circumstances, answer your questions, and explain the next steps that may be available. If you retain the firm for your case, the $250 consultation fee will be fully credited toward your legal fees.
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Start with Sponsorship. This may apply to spouses, partners, dependent children, parents, grandparents, or other eligible family members.
Start with Express Entry or related skilled-worker pathways. Eligibility may depend on work history, language ability, education, and CRS score.
Start with Humanitarian & Compassionate applications or a consultation if your matter involves hardship, establishment, or urgent concerns.
Typical ranges for common Canadian matters. All amounts in CAD; a binding written quote follows your consultation.
Use this form to tell us what you are going through. We will carefully review the details of your situation and get back to you within one business day to schedule your strategy session.
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