Battista Migration Law Group

Spousal and partner sponsorship

Battista Migration Law Group sponsors partners in same-sex and opposite-sex relationships alike: married couples (same-sex couples included, wherever they married, so long as that place recognizes same-sex marriage), common-law partners who've lived together for a year or more, and conjugal partners who haven't been able to marry or live together but have shared a substantial, interdependent relationship for at least a year. Sponsorship appeals are part of the same practice.

Our guide: How to Hire an Immigration Lawyer in Toronto

Refugee claims, including sexual orientation and gender identity

Refugee and asylum claims are a core of the practice, with particular attention to claims grounded in sexual orientation and gender identity; the firm holds that LGBT claimants need counsel who understand both the LGBT experience and how LGBT communities are treated around the world. Partner Pablo Irribarra, whose work centres on forced migration, regularly acts at the Immigration and Refugee Board on protection claims and appeals and prepares written Pre-Removal Risk Assessment applications, while Joycna Kang has a particular interest in gender-based claims.

Humanitarian and compassionate applications

The firm prepares humanitarian and compassionate applications for people such as refused refugee claimants who'd face hardship if sent back, and relatives of Canadians who fall outside the family class and can't be sponsored. Associate Daisy (Dongni) Sun concentrates on complex H&C files for people who've already been through a refused refugee claim, an appeal or a judicial review.

Federal Court challenges

Joycna Kang regularly appears in the Federal Court of Canada, where the work includes judicial review, mandamus applications and urgent motions to halt a removal. In Reis v. Canada (Immigration, Refugees and Citizenship), 2018 FC 1289, Pablo Irribarra acted for the applicant, arguing the Refugee Protection Division's findings on credibility were unreasonable.

Medical inadmissibility

People from around the world come to the firm when a serious health condition, HIV in particular, threatens their status. Its position is that illness shouldn't cost anyone status in Canada on the strength of speculation or stereotypes.

Corporate, faculty and student immigration

For employers, the firm handles Labour Market Impact Assessments, moves under free trade agreements and the opening of start-up offices in Canada, for companies that want immigration support reflecting their values and the diversity of their employees' lives. International instructors hired to work here get advice on short-term and long-term work routes and on permanent residence for themselves and their families, and prospective students can plan their study route with the firm before they commit.