Kapil Rathod, Principal Lawyer

Kapil began in immigration work in 2011 as a Regulated Canadian Immigration Consultant, processing study permits, work permits, spousal work permits, spousal sponsorships, permanent residence applications and visitor visas. He was called to the Bar in Canada in 2019.

Since 2019 his practice has centred on challenging refusals of those same applications at the Federal Court of Canada, through applications for leave and judicial review and through mandamus applications where a file has stalled without a decision. He has also represented clients before the Immigration and Refugee Board.

The Federal Court of Canada, on applications for leave and judicial review of IRCC decisions and on mandamus applications where a file has stalled. The Immigration and Refugee Board, including the Refugee Protection Division and appeals to the Refugee Appeal Division and the Immigration Appeal Division. Ontario courts on the criminal and family matters he takes.

Which forum a matter belongs in is often the first real question. A refusal that feels unjust may have an appeal route to a tribunal, a judicial review route to the Federal Court, or no route at all beyond a fresh application, and those three answers lead to very different advice.