What just happened to your claim
Bill C-12 created new grounds on which a refugee claim can be found ineligible to be referred to the Refugee Protection Division. If your letter cites s.101(1)(b.1) or s.101(1)(b.2), an officer — not a judge, not the Refugee Board — decided your claim would never be heard on its merits.
That decision is not necessarily the end. Officers make errors: about the facts, about the timeline, about whether the provision applies to you at all, and about procedural fairness. The Federal Court exists to review exactly these errors.
What judicial review can do
- Set the decision aside. If the Court grants the application, the ineligibility determination is quashed and the matter is redetermined.
- Preserve your position. A pending challenge, and where necessary a stay motion, can be critical to remaining in Canada while the case is decided.
- Protect the whole family. Each family member — including children, through a designated representative — may have their own application.
Why this firm
This area of law is weeks old, and most firms have never filed one of these applications. The Law Office of Rohan George has prepared and filed Federal Court applications for leave and judicial review of C-12 ineligibility determinations, including complete filing sets for families with minor children.
Common questions
What should I bring to a consultation?
The ineligibility letter itself, any procedural fairness letter you received before it, your identity documents, and the dates you entered Canada and made your claim.
What does it cost?
Fees are discussed openly at the first consultation and depend on whether the matter involves one applicant or a family, and whether a stay motion is needed.
I already responded to a procedural fairness letter. Is it too late?
No — the judicial review challenges the final determination. But the deadline runs from when you were notified of that determination, so contact counsel immediately.