Ineffective Counsel Claims
Challenging Serious Errors or Inadequate Representation in an Immigration Case
An Ineffective Counsel Claim may arise where a lawyer, immigration consultant, or other authorized representative provided inadequate representation that materially affected an immigration or refugee proceeding. Examples may include failing to submit important evidence, providing incorrect advice, failing to prepare a claimant for a hearing, missing a hearing, failing to make important submissions, or other serious professional errors. The Immigration and Refugee Board of Canada recognizes procedures for allegations of inadequate representation, including professional incompetence, negligence, and other improper conduct.
Our immigration lawyers carefully review the former counsel’s conduct, the case record, supporting evidence, and the resulting prejudice to determine whether an ineffective counsel allegation may have merit. For refugee matters, the applicable test generally requires showing both that counsel’s conduct was incompetent and that it resulted in a miscarriage of justice or substantial prejudice. The IRB also requires the former counsel to be given a reasonable opportunity to respond to the allegations.
Top 3 Areas We Help With
01
Inadequate Representation Assessment
We review your previous immigration or refugee proceeding to identify significant errors, omissions, failures, or other conduct that may have affected the outcome.
02
Reopening & Appeal Strategy
Where appropriate, ineffective counsel allegations may form part of an appeal, an application to reopen a case, or proceedings addressing procedural fairness. The appropriate remedy depends on the circumstances and the applicable tribunal process.
03
Evidence & Legal Submissions
We help gather the relevant case records, correspondence, documents, and evidence and prepare structured legal submissions explaining the alleged deficiencies and their impact on your case.
Was Your Immigration Case Affected by Poor Legal Representation?
If you believe your lawyer or immigration consultant failed to properly handle your case, acted negligently, missed important deadlines, failed to present critical evidence, or provided inadequate representation that may have contributed to an unfavourable immigration or refugee decision, it is important to have the circumstances reviewed promptly.
Our immigration lawyers can examine your previous application or proceeding, decision and reasons, evidence submitted, communications with former counsel, hearing history, and other relevant records. We can help determine whether the circumstances may support an ineffective counsel allegation and identify the appropriate procedural option, which may include an appeal, reopening application, or judicial review depending on the type and stage of your case.
Contact us today for a confidential assessment of your case. Our team can review what happened, assess whether ineffective counsel may have affected your case, and help you understand the legal options available to you.