Legal definition of Amicus brief

The amicus brief is a written document containing legal arguments from an individual or organization not party to a case but with a strong interest in the matter under consideration. In immigration law, it may be submitted to assist relevant authorities in better examining complex or unusual issues. Its aim is to ensure a more impartial decision-making process.

The amicus brief is often requested when the applicant is absent or unable to present their legal arguments. In such cases, the role of this document is to objectively provide the missing elements to the applicant’s files.

In this context, anyone directly involved in an immigration status application process can submit it. This may include the principal applicant, visa beneficiaries, attorneys, and organizations or professional associations advocating for immigrant rights.

In Canada and in several countries around the world, the concept of an amicus brief is known as amicus curiae. It involves a lawyer appointed by the court to provide insights to ensure that legal issues affecting all parties are properly considered. The amicus curiae ensures that the rights of the unrepresented party are respected during legal proceedings. This typically applies in complex or technical cases.

Etymology of Amicus brief

Indeed, “amicus brief” or “amicus curiae” literally means “friend of the court.” It’s a Latin term referring to a person or organization not party to a legal case but providing information or arguments to the court. The amicus brief thus offers an additional or alternative perspective to the decision-making process.

Directly linked to the Roman legal experience, the Latin term “amicus curiae” found usage in English law from the 16th century. It was later incorporated into common law and international law systems. Today, it’s commonly used in various international courts, including the European Court of Human Rights, the Inter-American Commission on Human Rights, and the Special Tribunal for Lebanon.