Complex matters and litigation
Land Bans
Inadmissibility related to criminality, law violations, or health status
A person may be declared inadmissible to Canada for various reasons, including
- due to a criminal offence in Canada or abroad;
- for non-compliance with the conditions of their status (e.g., overstay, unauthorized work);
- for public health reasons, if the state of health presents a risk to the population or an excessive burden to the Canadian health system.
Consequences of a land ban
Being declared banned from territory can have major consequences, including:
- issuance of a removal order (order to leave Canada);
- refusal of entry or readmission to Canada;
- loss of temporary or permanent status.
Depending on the nature of the ban, the consequences can be immediate and irreversible if not challenged timely or appropriately.
The importance of a quick and strategic legal response
When a situation potentially related to a land ban is raised, it is essential to obtain specialized legal advice. In many cases, rapid intervention can allow:
- provide compelling explanations before a formal decision is made;
- highlight humanitarian or public interest considerations;
- avoid an escalation towards proceedings before the Immigration Section or the Federal Court.
In the event of a criminal charge, it is strongly recommended to consult an immigration and criminal law lawyer, as the migratory consequences of a guilty plea can be severe or even permanent.
Possible Remedies
If a territorial ban is pronounced and a removal order is issued, several remedies may be considered depending on the circumstances:
- Temporary Resident Permit (TRP): allows an inadmissible person to enter or remain in Canada for a limited period of time despite the ban.
- Authorization to Return to Canada (ARC): required to return after having been subject to an enforceable removal order (exclusion or deportation).
- Application based on humanitarian or public interest grounds.
- Review or appeal before the competent authorities (Tribunal, Federal Court).
We can help you
A territorial ban does not necessarily mean the end of your process or your life project in Canada. Rigorous analysis and strategic support can help defend your rights, reduce impacts, or implement regularization solutions.
Contact us as soon as the situation arises: a prompt intervention can make all the difference.
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International Adoption
International adoption is a complex process involving multiple legal systems, including international conventions such as the Hague Adoption Convention. These elements affect not only the adoption process itself but also the related immigration procedures.
Legal and migration Issues
Canada recognizes international adoption provided that it respects:
- the laws of the child’s country of origin;
- Canadian provincial adoption laws (which vary by province);
- international standards ensuring legality, ethics, and transparency of adoption.
The legal context in which the adoption is carried out directly impacts the child’s ability to:
- obtain permanent residence or Canadian citizenship;
- legally join their adoptive family in Canada;
- have his affiliation recognized by Canadian authorities.
The importance of a pre-adoption analysis
It is essential to carry out a prior legal analysis of the adoption project in order to:
- assess short- and long-term immigration consequences.
- identify risks associated with the non-recognition of an adoption performed abroad;
- ensure that the steps comply with international standards and Canadian authorities’ requirements.
A poorly managed adoption project can jeopardize not only the child’s arrival in Canada but also the validity of the adoption bond.
Contact us for personalized support in your international adoption project.
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Representation before the CISR or Federal Court
In some cases, an individual may need to present their case before the Immigration and Refugee Board (IRB) or the Federal Court of Canada to defend their immigration rights.
Immigration and Refugee Board (IRB)
The IRB is an independent administrative tribunal responsible for hearing applications related to:
- refugee status;
- claims of loss of asylum;
- appeals against refusal of permanent residence;
- challenges to removal orders.
Before the IRB, it is essential to prepare a solid and well-argued representation, often within strict deadlines, to maximize the chances of success.
The Federal Court
The Federal Court generally intervenes in the context of requests for judicial review to challenge the legality or rationality of an administrative decision of the immigration or the IRB,
The procedure before the Federal Court is formal and requires extensive legal expertise, in particular for the drafting of petitions, briefs and the preparation of hearings.
Legal Support is essential
Representation before the IRB or Federal Court is often complex and crucial for the outcome of the immigration case. We offer comprehensive legal support, including:
- thorough case analysis and grounds for appeal;
- preparation of legal briefs and arguments;
- oral representation at hearings;
- diligent monitoring of procedural timelines.
Contact us for personalized support to maximize your chances of success.
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