Last updated on October 24th, 2020
The Honourable Alan S. Diner is a judge with the Federal Court of Canada. Prior to his appointment, Justice Diner headed Baker & McKenzie LLP’s immigration practice. He was also involved with managing the establishment and implementation of Ontario’s Provincial Nominee Program for the Ministry of Citizenship and Immigration.
We are grateful to Justice Diner for the time that he took in preparing for this podcast about tips and best practices in appearing before the Federal Court of Canada, including in providing a customised powerpoint, which can be found on our website at http://www.borderlines.ca. As Justice Diner notes, many of the tips and strategies contained in this episode are applicable beyond judicial review, and will be beneficial to anyone preparing written submissions or making oral presentations.
A review of what we discussed is as follows:
1:18 – Justice Diner describes his history going from being an immigrant in Canada to leading a corporate immigration law practice to becoming a judge with the Federal Court of Canada.
14:30 – We discuss how the practice of immigration law is changing as larger firms and global accounting firms enter the practice area.
18:30 – Justice Diner provides his first three tips to lawyers appearing in Federal Court, which are to treat everyone with respect, to prepare your case and arguments properly, and to respect timelines.
23:10 – Peter asks Justice Diner whether immigration representatives should consider preparing visa applications with possible litigation in mind and how long judicial review applicant records should be.
28:00 – How many arguments should someone make in a judicial review application? If one thinks that an immigration officer made 10 mistakes, should the lawyer in a judicial review application list all 10?Read more ›