Arghavan Gerami

About Ms. Gerami

Arghavan Gerami is the Founder and Senior Counsel at Gerami Law Professional Corporation (‘PC’), a full-service immigration law firm in Ottawa, Ontario. She completed her Juris Doctor and Master of Laws at Osgoode Hall Law School, York University and was called to the Ontario Bar in 2007. Ms. Gerami also completed a Master of Arts at the University of Toronto and an Honours Bachelor of Arts at York University, graduating first in her class.

Since founding Gerami Law PC, in 2011 Ms. Gerami has focused her practice on immigration and refugee litigation, and successfully represented numerous clients before the Federal and provincial Courts, as well as the various divisions of the Immigration and Refugee Board.

Before founding Gerami Law, Ms. Gerami worked at the Ministry of Attorney General and the Department of Justice. She also had the privilege of serving the Honourable Mr. Justice M. Evans at the Federal Court of Appeal on immigration and administrative law appeals.

Ms. Gerami is an Executive Member-at-Large on the Immigration Law Section of the Canadian Bar Association. In 2017 and 2018 Ms. Gerami served on the Organizing Committee of the annual CBA Immigration Law Conference. She has also represented the CBA at the Immigration and Refugee Board’s Consultative Committee for the past two years, including stakeholder meetings involving the Federal Court, the Department of Justice, the Immigration and Refugee Board, Immigration, Citizenship and Refugees Canada as well as the Canada Border Services Agency, among others. In 2020, she was appointed as the Co-Chair of the Anti-Racism Committee, as well as the Co-Chair of the Federal Court’s 2020-2021 Immigration and Refugee Law Moot.

Ms Gerami has been interviewed by national and local television stations on numerous occasions, such as the CBC and Global News, and quoted in national and local newspapers such as the Globe and Mail, National Post and the Ottawa Citizen. Ms. Gerami has also published numerous journal articles and called on to speak at various immigration and refugee conferences and events across Canada.

As a Supervising Principal to articling students, Ms. Gerami enjoys facilitating the career development of law students and young lawyers. She has provided guest lectures to students at the University of Ottawa, and been asked by the Federal Court to argue two of her cases at the University of Ottawa’s Courtroom, allowing students to observe and learn.

Ms. Gerami enjoys spending time with her two children and husband, her miniature poodle (Bambi) and her cat (Simba), and she also loves to travel and practice yoga.

EDUCATION

Master of Laws, Osgoode Hall Law School, York University (2009).
Juris Doctor, Osgoode Hall Law School, York University (2004).
Master of Arts, International Relations, University of Toronto (2000).
Honours B.A., Political Science, York University, Summa cum laude (1998).

RECENT SUCCESSFUL CASES

PUBLICATIONS

Arghavan Gerami and Raoul David Wieland, “Indefinite Immigration Detention in Canada: Clear and Transparent Guidelines Necessary for When Continued Detention is Legal,” CBA National, November 26, 2020
Arghavan Gerami, “Working with Vulnerable Clients,” CBA National, October 22, 2020
“Practicing Immigration Law During Covid-19: Technological Innovation to Ensure Access to Justice and Preserve the Rule of Law, Journal of parliamentary and political law, 2020 JPPL – RDPP Vol. XIV: 3.
Arghavan Gerami, “Minister of Citizenship and Immigration v Alexander Vavilo: Will the Rule of Law Make a Comeback in the Supreme Court’s Reconsideration of the Standard of Review?” Canadian Bar Association, Winnipeg, MN, June 1, 2019
Arghavan Gerami, “Criminal Equivalency and Application of Defences in the Immigration Law Context”, Canadian Bar Association, April 19, 2018.
Arghavan Gerami, “Challenging Prolonged and Indefinite Immigration Detention: Necessary Amendments to the Immigration and Refugee Protection Act”, Journal of parliamentary and political law, 10:1, pp. 206-221.
Arghavan Gerami and Veronika Andreeva, “The democratic and constitutional challenges of the Citizenship Bill (Bill C-24 of 2014): The effect of impulsive legislative action on the parliamentary process.” Journal of parliamentary and political law, 9:153-67, March 2015
Arghavan Gerami and Corri Longridge, “Bill C-26: The Long Overdue Harmonization of Canada’s Self-Defence Law,” Ontario Bar Association, May 22, 2014
Arghavan Gerami, “R v. Jeanvenne: ‘Mr. Big’: False Confession Jury Charge Comes to Ontario,” 2014, 60 C.L.Q. no. 4., pp. 541-554.
Arghavan Gerami, “The Judiciary, the Rule of Law and Citizenry’s Legitimate Expectation in a Constitutional Democracy: the Shortcomings of Bill C-65,” Journal of Parliamentary and Political Law, Vol. VIII: 1.
Arghavan Gerami and Nicolas Ranger, “Pham, Immigration Consequences and Fairness in Sentencing,” The Last Line, the Magazine of Defence Counsel Association of Ottawa. Vol. 2, No. 1, Oct. 2013.
Arghavan Gerami and Harkamal Multani, “DESWAUV: Why the SCC’s Flexible, Pragmatic and Purposive Approached Promotes Access to Justice” Advocates’ Society Journal, December 2012, Vol. 13, No. 3, pp. 38-40.
Hon. Irwin Cotler, Kent Roach, Heather McIvor, Ron Skolrood and Arghavan Gerami, “The Decisive Moment of (In)Decision: Insite and Ministerial Discretion” 6 Journal of Parliamentary and Political Law, No. 1, March 2012, pp. 225-260.
“Lawyers Share Their Experience on Career Move: Transitioning from Government Lawyering to Private Practice and Vice Versa”, Ontario Bar Association, Public Sector Lawyers’ Section, September 2011.
“Clustering of Administrative Tribunals in Ontario” Ontario Bar Association, June 2011.
“Adequacy of Reasons in a State of Flux”, Ontario Bar Association, June 2011.
“Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation and Highways): Has the Doctrine of Fundamental Breach Really Been Put to Rest?” OBA Public Sector Lawyers Newsletter, July 2010.
“Bridging the Theory-and-Practice Gap: Mediator Power in Practice.” Conflict Resolution Quarterly, July 2009, 26 (no. 4) 433-451.
“Technology and the Future of Legal Services Delivery”, OBA Public Sector Lawyers Newsletter, December 2009.
“OBA Response to the LSUC Licensing and Accreditation Task Force Consultation Report”, OBA Working Group, Ontario Bar Association, Submitted on June 3, 2008.
“Too Much Deference to the Legislature by the Supreme Court: Did the Court Strike the Right Balance in N.A.P.E.?” OBA Public Sector Lawyers Newsletter, December 2008.
“Report from the 7th Annual Charter Conference held on Friday, September 26, 2008.” Co-authored with Kathryn Culek and Tiffany Lau, OBA Constitutional, Civil Liberties and Human Rights Newsletter, November 2008.
“Administrative Monetary Penalties and Criminal Offences: The Challenge of Maintaining Clear Boundaries.” OBA Sections In Review, July 2008, 2 (No.3).

SPEAKING ENGAGEMENTS

REACH Canada, “Humanitarian and Compassionate Permanent Residency Applications: Focusing on Disability,” November 25, 2020, Ottawa, ON.
Ottawa Seminar Series, “Virtual Hearings before the RPD: Tips and Strategies” October 22, 2020.
Canadian Immigration Podcast, “Is the Canada Border Services Agency Above the Law: Understanding the World of CBSA with Canadian Immigration Lawyer Arghavan Gerami,” Friday, June 12, 2020
Canadian Bar Association, 2019 Immigration Law Conference, “Minister of Citizenship and Immigration v Alexander Vavilo: Will the Rule of Law Make a Comeback in the Supreme Court’s Reconsideration of the Standard of Review?” Winnipeg, MN, June 1, 2019
Federal Court of Appeal, “How to Start and Build a Successful Law Practice”, November 7, 2019, Ottawa, Ontario, Ottawa, ON.
University of Ottawa Guest Lecture, Advanced Refugee Seminar, “When a Refugee Claim is Denied: Next Steps and Options to Fight Removal from Canada”, April 3, 2019, Ottawa, ON.
Saint Paul University, Symposium on Refugees and Displaced People, “Canada’s Recent Refugee Influx: The Response, the Challenges and the Recommendations Moving Forward”, November 1, 2018, Ottawa, ON.
Canadian Bar Association, 2018 Immigration Law Conference, “Criminal Equivalency and Application of Defences in the Immigration Law Context”, April 19, 2018, Ottawa, ON.
Law Society of Upper Canada, “Ethical Issues in Immigration and Refugee Law: Incivility and Unprofessional Behaviour at the Tribunal Level,” March 02, 2017, Toronto, ON.
United Nations High Commissioner for Refugees, Global Strategy: Beyond Detention: 2014-2019, “Challenging Prolonged and Indefinite Immigration Detention: Necessary Amendments to the Immigration and Refugee Protection Act”, December 9, 2016, Ottawa, ON.
Immigrant Women Services of Ottawa, “Family Sponsorships and Humanitarian and Compassionate Permanent Residency Applications”, July 12, 2016, Ottawa, ON.
Canadian Immigration Summit, “Revocation of Canadian Citizenship: Ensuring Respect for Procedural Fairness and Charter Rights” April 5, 2016, Ottawa, ON.
Treasury Board of Canada Secretariat, “International Day for the Elimination of Racial Discrimination: Syrian Refugee Crisis and the Positive Contributions of the Canadian Immigration and Refugee Lawyers”, March 21, 2016, Ottawa, ON.
2015 Canadian Association of Refugee Lawyers 9th National Conference, October 16, 2015: “Top 5 Federal Court (2015) Detention Review Cases”, Ottawa, ON.
2015 CBA National Immigration Law Conference in Ottawa, May 9, 2015: “Reconciliation of Administrative and Constitutional Law Principles: Reaffirming the Essential Link Between Deference and Expertise in the Immigration Law Context”, Ottawa, ON.
Access to justice for refugees at the Canadian Lawyers Abroad Conference at the University of Ottawa, Ottawa, ON.
Canadian Association of Refugee Lawyers’ Conference on the Constitutionality of the Pre-Removal Risk Assessment Bar, Ottawa, ON.
CBA Immigration Conference in Calgary “As soon as possible in s. 48(2) of IRPA: not ‘possible’ to enforce removals in breach of the Charter and the rule of law”, Calgary, Alberta.
University of Ottawa law students at their Career Connections event held at the Ottawa Convention Centre on how to successfully build their social justice career, Ottawa, ON.
The Commons Institute: Review of Administrative Decisions Involving Charter Rights: The Shortcomings of the SCC Decision in Doré , Ottawa, ON.
Defence Counsel Association of Ottawa Annual Conference, “Mr. Big False Confession Jury Charge Comes to Ontario”, October 21, 2012, Montebello, Quebec (full document click here).

EXPERIENCE

Gerami Law PC, Founder and Senior Counsel

Ottawa, Ontario, Aug. 2011 – Present

Barrister at Law in Ontario since June 2007
Founded Gerami Law Professional Corporation in 2011
Immigration and refugee litigation and appellate advocacy expert, appearing before all the Federal and Provincial Courts, as well as the various Immigration and Refugee Board divisions (RPD, RAD, IAD).
Expertise in the following areas:
- refugee claim process and refugee appeals;
- criminal inadmissibility, human or international rights violations, organized criminality and misrepresentation;
- citizenship litigation, including revocation of citizenship;
- fighting removals from Canada, including pre-removal risk assessments and danger opinions;
- immigration detentions;
- vacation/cessation litigation;
- temporary, permanent residency and citizenship applications
2011 – 2016: in addition to immigration and refugee law, also practiced all areas of criminal defence, including homicides, complex criminal trials, Mr. Big investigations, criminal appeals and sentencing hearings

PROFESSIONAL AFFILIATIONS

Canadian Bar Association
Canadian Council for Refugees
Canadian Refugee Lawyers Association
Law Society of Upper Canada
Lawyers’ Rights Watch Canada
Ontario Bar Association
Refugee Lawyers Association
United Nations High Commissioner for Refugees

LANGUAGES

English
Farsi
French (Intermediate)

REFERENCES

The Canadian Bar Association Immigration Law Section referred to Arghavan and one of her cases during a conference in Winnipeg to highlight the importance of lawyers, and their role in immigration. Please, play the video below to listen.

Before Founding Gerami Law PC

FEDERAL COURT OF APPEAL (Ottawa, Ontario, Aug. 2010 – 2011)

Worked with Honourable Justice John M. Evans on appeals in the area of immigration and refugee, human rights, constitutional, and administrative law.

DEPARTMENT OF JUSTICE CANADA, Foreign affairs and international trade legal services (Ottawa, Ontario, Jan. – Aug. 2010)

Legal Counsel: constitutional law, international security and human rights law.

DEPARTMENT OF JUSTICE CANADA, public sector (Ottawa, Ontario, Mar. – Dec. 2009)

Legal Counsel: human rights law, constitutional litigation, and access to information and privacy law.

ONTARIO MINISTRY OF ATTORNEY GENERAL, constitutional law branch/policy division (Toronto, 2006 – 2007)

Student-at-Law: constitutional and human rights litigation,administrative and aboriginal law.

HUMAN RESOURCES AND SKILLS DEVELOPMENT CANADA, federal labour standards review commission – (Ottawa/Toronto, 2005 – 2006)

Legal Advisor to Commissioner Harry Arthurs, working on the Commissioner’s Final Report: “Fairness at Work: Federal Labour Standards for the 21st Century”

OSGOODE HALL LAW SCHOOL, YORK UNIVERSITY (North York, 2002 – 2003)

Legal Researcher to Professor Harry Arthurs in the area of Canadian labour law, constitutional and human rights law

DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE, Young professionals program – (Ottawa, 2000 – 2001)

Project Coordinator to ‘Project Ploughshares’ (Canada and Nairobi)
Participated in the 2001 United Nations Conference on the Illicit Trade in Small Arms and Light Weapons.

Founder and Senior Counsel

Contact Information