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Legal advice on how to take the Government of Canada to court

Agora0810

Member
Jan 25, 2023
10
0
Hi,
Does anyone have experience with suing the government of Canada on immigration-related issues? It is possible that I won't win, but I want to do it anyway.
It is difficult going against a strong government, but I am sick of being treated like a second-class citizen.
Can someone point me towards the right direction regarding experienced but accessible lawyers?
 

Naturgrl

VIP Member
Apr 5, 2020
44,968
9,538
Hi,
Does anyone have experience with suing the government of Canada on immigration-related issues? It is possible that I won't win, but I want to do it anyway.
It is difficult going against a strong government, but I am sick of being treated like a second-class citizen.
Can someone point me towards the right direction regarding experienced but accessible lawyers?
Why? What is your immigration-related issue? If you are a citizen, then how are you being treated as second-class?
 

scylla

VIP Member
Jun 8, 2010
95,884
22,135
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi,
Does anyone have experience with suing the government of Canada on immigration-related issues? It is possible that I won't win, but I want to do it anyway.
It is difficult going against a strong government, but I am sick of being treated like a second-class citizen.
Can someone point me towards the right direction regarding experienced but accessible lawyers?
Try contacting Cohen Immigration who pay for this forum.
 

Copingwithlife

VIP Member
Jul 29, 2018
4,488
2,256
Earth
Hi,
Does anyone have experience with suing the government of Canada on immigration-related issues? It is possible that I won't win, but I want to do it anyway.
It is difficult going against a strong government, but I am sick of being treated like a second-class citizen.
Can someone point me towards the right direction regarding experienced but accessible lawyers?
Does this have to do with this ?

https://www.canadavisa.com/canada-immigration-discussion-board/threads/mother-in-law-visitor-visa-rejected.780248/page-2#post-10340727

If you got money to burn ..
 

Naturgrl

VIP Member
Apr 5, 2020
44,968
9,538
So it is not OP with the immigration issue but his brother. Him being a citizen and having a government job doesn’t guarantee a TRV for a sibling nor has relevancy on his brother’s profile. Brother must show his own funds, travel history, ties to home country. So it would be his brother who must “sue” the government and prove why he should be approved. OP, ask your brother to contact an immigration lawyer and pursue his case, not you.
 

steaky

VIP Member
Nov 11, 2008
14,784
1,754
Job Offer........
Pre-Assessed..
Hi,
Does anyone have experience with suing the government of Canada on immigration-related issues? It is possible that I won't win, but I want to do it anyway.
It is difficult going against a strong government, but I am sick of being treated like a second-class citizen.
Can someone point me towards the right direction regarding experienced but accessible lawyers?

You can contact one or more of the lawyers mentioned in this previous article:

https://www.cbc.ca/news/politics/immigration-parent-sponsorship-legal-settlement-1.5154407
 

Agora0810

Member
Jan 25, 2023
10
0
Why? What is your immigration-related issue? If you are a citizen, then how are you being treated as second-class?
So, aside from doubting my reasons, does anyone actually know a lawyer who has taken clients who wish to sue the government over immigration or not? If you don't know, just say so.
 

scylla

VIP Member
Jun 8, 2010
95,884
22,135
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
So, aside from doubting my reasons, does anyone actually know a lawyer who has taken clients who wish to sue the government over immigration or not? If you don't know, just say so.
I gave you one name above already. I can't guarantee they will take on your case specifically but they have been involved in cases in the past.
 

Agora0810

Member
Jan 25, 2023
10
0
I gave you one name above already. I can't guarantee they will take on your case specifically, but they have been involved in cases in the past.
Thank you! It's true. This is not the United States, where lawyers take whatever case you throw at them. Chances are high that they will reject me. I have to try, though.
 

Naturgrl

VIP Member
Apr 5, 2020
44,968
9,538
Thank you! It's true. This is not the United States, where lawyers take whatever case you throw at them. Chances are high that they will reject me. I have to try, though.
Cohen Immigration is one of the better known firms so click on the link at the top of the page. This is your brother’s case with his rejections due to lack of funds. It is not about you being a citizen nor about your job and funds. Good luck.
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
Thank you! It's true. This is not the United States, where lawyers take whatever case you throw at them. Chances are high that they will reject me. I have to try, though.
Still lawyers. You’ll always find a lawyer to take your case as long as you can pay the billable hours.
 

Agora0810

Member
Jan 25, 2023
10
0
Cohen Immigration is one of the better known firms so click on the link at the top of the page. This is your brother’s case with his rejections due to lack of funds. It is not about you being a citizen nor about your job and funds. Good luck.
I mentioned that he has a successful business. It's almost as if people have no idea how this works. The immigration agent can decide how much is "enough funds." I know this because I worked for IRCC on Slater from 2016-2017. There is no science to any of these decisions. The agent has discretion and no one checks the cases unless there is a complaint.
 

cansha

VIP Member
Aug 1, 2018
6,676
5,855
I mentioned that he has a successful business. It's almost as if people have no idea how this works. The immigration agent can decide how much is "enough funds." I know this because I worked for IRCC on Slater from 2016-2017. There is no science to any of these decisions. The agent has discretion and no one checks the cases unless there is a complaint.
You are kind of contradicting yourself. You only say that "an agent can decide how much is enough funds" and that they have "discretion". Hence, the agent has used his / her discretion and deemed the funds not sufficient.

I do understand rejection of visa for a family member must be heart breaking and you have full right to sue the government and you should definitely do so if that helps.

I'm not a lawyer but it will be incredibly difficult to prove that the agent made a mistake unless the funds shown were really high for a 3 week visit in your brother's bank account. if the application was based on your ability to fund his 3-week trip (based on one of your previous posts) then the officer has no obligation to take that into consideration. However, if you did show enough liquid funds in your brother's bank account and his visa has been rejected multiple times; you are fully justified to take the legal route.

All the best!