immigration Law

A refugee claim is more than an application. It concerns a person’s safety, family and future.

ATEH LAW assists people seeking protection in Canada because they fear persecution or face other serious risks if returned to their country.

Canadian refugee law distinguishes, among other things, between Convention refugees under section 96 of the Immigration and Refugee Protection Act (IRPA) and persons in need of protection under section 97. The legal requirements are specific, and every claim turns on its own facts and evidence.

We assist refugee claimants throughout the process, including:

• • • • • • assessing the circumstances underlying the claim;
          • preparing and reviewing the Basis of Claim (BOC) and supporting evidence;
          • identifying relevant documentary and country-condition evidence;
          • preparing clients for their Refugee Protection Division hearing;
          • developing a coherent legal theory of the claim;
          • addressing credibility, state protection, internal flight alternative and other issues where they arise; and
          • representing clients before the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada.

Your Basis of Claim — Telling Your Story

The Basis of Claim is one of the most important documents in a refugee proceeding. It provides the RPD with the claimant’s account of what happened, why protection is sought and why returning to the country of origin would place the claimant at risk.

ATEH LAW works closely with clients to ensure that their experiences are presented accurately, chronologically and comprehensively, while supporting the claim with appropriate documentary evidence.

The objective is not to embellish a client’s story. It is to ensure that the client’s true story is understood and presented within the legal framework governing refugee protection in Canada.

Helpful link: Immigration and Refugee Board — Refugee Claims

For many claimants, the RPD hearing is the opportunity to explain directly why they require Canada’s protection.

ATEH LAW prepares clients carefully for their hearing so that they understand the procedure, the types of questions that may arise and the legal issues that the decision-maker may need to determine.

We organize the documentary record, prepare legal submissions where appropriate, question the claimant and witnesses where required, respond to issues raised during the hearing and advocate for the client’s claim before the RPD.

Our approach combines careful preparation with respectful and determined advocacy.

When a Refugee Claim Is Refused

A negative RPD decision can be devastating, but it may not necessarily end the legal process.

Where the legislation provides a right of appeal, ATEH LAW can assess the RPD decision and represent clients before the Refugee Appeal Division.

RAD proceedings are primarily determined on the written record, although an oral hearing may be ordered in circumstances permitted by law. Written advocacy is therefore particularly important.

We review the RPD’s reasons, identify alleged errors of fact, law or mixed fact and law, assess whether new evidence may be admissible, and prepare detailed written submissions explaining why the decision should be set aside or otherwise addressed by the RAD.

Time limits are strict. Current IRB guidance provides, generally, 15 days to file the notice of appeal and 45 days to file the appellant’s record after receiving the RPD’s written reasons. (IRB-CISR)

Helpful Link Immigration and Refugee Board — Filing a Refugee Appeal

When a Refugee Claim Is Refused

A negative RPD decision can be devastating, but it may not necessarily end the legal process.

Where the legislation provides a right of appeal, ATEH LAW can assess the RPD decision and represent clients before the Refugee Appeal Division.

RAD proceedings are primarily determined on the written record, although an oral hearing may be ordered in circumstances permitted by law. Written advocacy is therefore particularly important.

We review the RPD’s reasons, identify alleged errors of fact, law or mixed fact and law, assess whether new evidence may be admissible, and prepare detailed written submissions explaining why the decision should be set aside or otherwise addressed by the RAD.

Time limits are strict. Current IRB guidance provides, generally, 15 days to file the notice of appeal and 45 days to file the appellant’s record after receiving the RPD’s written reasons. (IRB-CISR)

Helpful Link Immigration and Refugee Board — Filing a Refugee Appeal

Some foreign nationals in Canada may seek permanent residence based on humanitarian and compassionate considerations where the requirements of the law permit such an application.

These applications are highly fact-specific.

ATEH LAW assists clients with identifying and documenting relevant considerations, which may include establishment in Canada, family relationships, the best interests of affected children, hardship and other compelling personal circumstances.

Our work may include gathering supporting evidence, reviewing the client’s immigration history, obtaining supporting statements and preparing detailed legal submissions explaining why humanitarian and compassionate relief should be considered.

An H&C application does not automatically stop removal, and statutory restrictions can affect eligibility. Each case therefore requires an individualized assessment.

Individuals facing removal from Canada may, where eligible and notified by the government, have an opportunity to seek a Pre-Removal Risk Assessment.

A PRRA considers whether removal would expose the person to risks recognized under Canadian immigration law, including certain risks of persecution, torture, threats to life or cruel and unusual treatment or punishment.

ATEH LAW can assist eligible clients with reviewing the applicable risks, preparing the application, gathering current country-condition and other evidence, developing written submissions and considering further remedies if an adverse decision is received.

Immigration detention and removal proceedings can move quickly.

ATEH LAW assists clients dealing with immigration enforcement matters, including detention reviews, removal-related proceedings, inadmissibility concerns and available Federal Court remedies where appropriate.

Inadmissibility issues may involve criminality, misrepresentation, medical issues, security concerns or other grounds prescribed by IRPA.

Where a client receives a procedural fairness letter, we review the allegations and supporting evidence and prepare a response addressing the government’s concerns.

When removal is imminent, urgent legal assessment may be necessary to determine whether any remedy—including an application to the Federal Court—is legally available.

Families belong together.

ATEH LAW assists Canadian citizens and permanent residents seeking to sponsor eligible family members for permanent residence.

Our family-reunification practice includes spousal and common-law sponsorship, dependent children, parents and grandparents where an applicable program permits an application, and other eligible family-class matters.

We help clients establish eligibility, prepare application packages, organize evidence demonstrating the relationship, address previous marriages or immigration histories and respond to requests from immigration authorities.

Where a sponsorship application has been refused, we can assess whether the appropriate response is a new application, reconsideration request, Immigration Appeal Division proceeding or Federal Court judicial review, depending on the circumstances.

ATEH LAW assists skilled professionals and workers seeking permanent residence through Canada’s economic immigration system.

We advise on potential pathways administered through Express Entry, including the Federal Skilled Worker Program, Canadian Experience Class and Federal Skilled Trades Program where applicable.

Our services include reviewing eligibility, work history, education and language results; identifying potential documentary problems; advising on provincial nomination opportunities; and preparing permanent residence applications following an invitation to apply.

For clients seeking to establish their future in Alberta, ATEH LAW provides advice concerning pathways available through the Alberta Advantage Immigration Program.

Alberta currently uses a Worker Expression of Interest system, under which candidates must generally enter the pool and be invited before applying to a worker stream. (Alberta.ca)

We assess the client’s employment, occupation, immigration status, Express Entry profile and other circumstances against the requirements of potentially applicable Alberta pathways.

Helpful link: Alberta Advantage Immigration Program

ATEH LAW assists foreign nationals and Canadian employers with employment-related immigration matters.

For workers, this may include employer-specific work permits, eligible open work permits, extensions, restoration and LMIA-exempt categories.

For employers, we assist with immigration aspects of recruiting foreign workers, including Labour Market Impact Assessment (LMIA) applications where required.

We can help employers prepare application materials, understand recruitment and advertising requirements, organize supporting business documentation and address immigration compliance obligations associated with employing foreign nationals.

Canada’s technology sector relies heavily on international talent, and immigration options may exist at both the federal and provincial levels.

ATEH LAW assists technology professionals, internationally trained workers, startups and employers recruiting specialized talent in identifying appropriate immigration strategies.

Not every foreign worker requires an LMIA.

Canada’s International Mobility Program includes categories under which qualifying foreign nationals may obtain work authorization without an LMIA.

The Canada–United States–Mexico Agreement (CUSMA) replaced NAFTA and contains temporary-entry provisions applicable to qualifying citizens of Canada, the United States and Mexico in specified business categories.

ATEH LAW assists individuals and businesses with determining whether a CUSMA or another LMIA-exempt category may apply and preparing the appropriate immigration documentation.

Not every foreign worker requires an LMIA.

Canada’s International Mobility Program includes categories under which qualifying foreign nationals may obtain work authorization without an LMIA.

The Canada–United States–Mexico Agreement (CUSMA) replaced NAFTA and contains temporary-entry provisions applicable to qualifying citizens of Canada, the United States and Mexico in specified business categories.

ATEH LAW assists individuals and businesses with determining whether a CUSMA or another LMIA-exempt category may apply and preparing the appropriate immigration documentation.

ATEH LAW assists international students with study permit applications, extensions, restoration matters and related temporary-residence issues.

We also work with students and graduates who want to plan their longer-term immigration strategy.

Depending on the individual’s circumstances and the programs available at the relevant time, Canadian education and qualifying work experience may contribute to eligibility for economic immigration or provincial nomination pathways.

Our objective is to help clients think beyond the immediate permit and develop a long-term immigration strategy where possible.

ATEH LAW can assist sponsors and refugees with legal aspects of Canada’s refugee resettlement programs where the applicable program is open, and the parties satisfy its requirements.

This may include matters involving private refugee sponsorship and other resettlement streams administered by the Government of Canada.

We can assist with application preparation, supporting documentation, legal submissions, correspondence with immigration authorities and addressing problems that arise during processing.

ATEH LAW does not locate or match refugees with sponsors. Where a qualifying sponsorship relationship already exists, however, we can advise the parties concerning the immigration process.

ATEH LAW assists entrepreneurs and business owners exploring immigration opportunities connected with establishing, purchasing or expanding businesses in Canada.

Depending on the client’s circumstances, opportunities may arise through provincial entrepreneur programs, work-permit categories or other business immigration pathways operating at the relevant time.

Because these programs can change significantly, we assess the client’s business experience, proposed investment, ownership structure, destination and immigration objectives before recommending a strategy.

Immigration law affects more than legal status. It can determine where you live, whether your family remains together, where you build your career and whether you can find safety from persecution.

ATEH LAW approaches immigration files with four commitments:

Advocacy. Trust. Excellence. Honour.

We listen to your story, identify the legal issues, explain your options understandably and prepare your case with attention to both the law and the evidence.

For Peter Ateh, that commitment is informed by personal experience. He understands what it means to arrive in Canada as a newcomer and to build a new life here.

That perspective does not determine the outcome of a client’s case—but it influences the care, dignity and seriousness with which every immigration matter is handled.

Your Canadian Journey Deserves a Clear Strategy

Whether you are seeking protection, reuniting with your family, pursuing permanent residence, coming to Canada to work or study, recruiting international talent, building a business or challenging an immigration decision, ATEH LAW is ready to help you understand the road ahead.

Your journey. Your family. Your future.