What is Judicial Review?

A judicial review in an immigration case is a process through which a person or organisation can challenge the decision of an immigration officer or court. The person or organisation can ask the court to overturn the decision, or to change it in some way. You may be able to seek judicial review if you have received a negative ruling on an immigration or citizenship issue. Best immigration lawyer in Dubai can defend their client’s claims in court and propose that their Canadian immigration application be reconsidered. 

Grounds For Judicial Review

The process through which a judgment is decided is the subject of judicial review.

A court, for example, may disagree with an officer’s judgment, but if the judge is convinced that the officer behaved fairly, understood the circumstances of the case, and operated within the jurisdiction of the IRPA, the judge may dismiss the judicial review application. But, if the court feels that the decision made by the visa officer was not just, the applicant can get another chance & a new visa officer will be assigned to them. 

Reasons Behind Canada Visa Rejection

If you are refused a Canadian visa, it can create some inconvenience because it can interfere with your travel plans, work plans, or your new living situation. There are many reasons behind the visa getting rejected.

If you don’t provide the right documents to back up your immigration application and the claims in it, your application may be rejected. Be sure to have everything you need to support your claims, including references and documentation. 

Your application will be denied if you can’t financially support yourself while traveling to and residing in Canada. The Canadian government ensures that all visitors to Canada have access to the necessary resources to support themselves while they are in the country. These resources can include things like food, water, shelter, housing, clothing & transportation. The visa officer will reject your visa application if you cannot provide proof that you can do the same. 

In some cases, an applicant may not meet international security standards, such as if they have a criminal background. This can make them ineligible to enter the country, or even get them deported if they’re already there. 

If you don’t meet health standards, your Canada visa application may be rejected. Before your visa application can be accepted, you will have to undergo a medical examination to ensure that you are in good health. If you pass the medical test, your application will be accepted. 

Also, if the visa officer has reservations regarding the applicant’s intention or his/her application, the application will be rejected.

However, in some circumstances, none of the aforementioned conditions exist, and still some individuals have their immigration applications refused. If your visa application is denied, you have the opportunity to appeal against the refusal or reapply for the visa. If making an appeal, you need an immigration attorney by your side, as they are the only person who can help you in this situation. There is no guarantee that a normal consultant will be able to help you take your petition to the court; they don’t have the authority to do so.

Differences Between A Lawyer and A Consultant

Immigration attorneys/lawyers and consultants serve the same purpose in supporting their clients with their Canadian immigration application. Their key differences are their educational backgrounds, regulatory institutions, and case-handling experience. To become a licensed professional legal practitioner, all attorneys must complete a three-year law degree program (after an undergraduate degree) and pass the bar exam (Barrister & Solicitor).

There are different rates charged by consultants and attorneys based on their educational backgrounds. Those with a higher level of education generally charge more than those with a lower level of education. Consultants are often chosen because they charge less money, but this may not be the best decision because the approval of your application may suffer as a result. An immigration lawyer can represent you in court, and can accompany you to interview sessions. Only an immigration lawyer can represent you in court, and they are the only ones who are allowed to do so.

Immigration consultants are not lawyers. They can, in some cases, legitimately register as consultants after completing a one-year certification course. Certification can demonstrate that the consultant has the necessary experience and knowledge to provide quality services. 

Registered immigration consultants are regulated by the ICCRC (Immigration Consultants of Canada Regulatory Council). Before selecting a consultant, be sure to check to see if the consultant’s registration number is legitimate. This number will usually be seven digits long.

However, you should be aware that if something goes wrong with your immigration application, your hired consultant will be unable to assist you, which is why it is recommended that you hire a Canadian lawyer in Dubai who will be ready to aid you in case things go south.