Sponsorship Appeal

• Canadian citizens or permanent residents have the right to appeal if their application for sponsoring a family member for permanent residence is refused.

• However, there are exceptions where this right may not apply:

• If the sponsored person is deemed inadmissible to Canada for serious criminality, organized criminality, human or international rights violations, security reasons, or misrepresentation.

• If the sponsor voluntarily withdraws their sponsorship application.

Humanitarian and Compassionate Considerations

• Sometimes, even if a person does not meet the standard requirements, they can still apply for an exemption based on humanitarian and compassionate grounds.

• It’s crucial to understand that if someone is not considered a member of the family class, they ca not seek relief under humanitarian and compassionate grounds.

Common Reasons for Sponsorship Refusals

• Immigration authorities may doubt the authenticity of the marital or intimate relationship between the sponsor and the sponsored individual.

• If the authorities find the marriage legally invalid, they may refuse the sponsorship application.

• If there’s doubt about the sponsor’s intention to return to Canada, the application may be rejected.

• Factors like criminal or medical inadmissibility or misrepresentation can lead to refusal.

• Canadian citizens or permanent residents who were previously sponsored as spouses must wait at least 5 years before sponsoring someone else. Applying before this period ends can lead to refusal.

• Receiving provincial social assistance as a citizen or permanent resident may result in refusal, as it suggests an inability to financially support the sponsored person.

• Failure to fulfill sponsorship obligations in the past, such as supporting the sponsored immigrant, can lead to refusal of further sponsorship applications.

• Failure to repay immigration loans meant to cover immigration costs can also lead to refusal of sponsorship applications.

Options to address the Spousal Sponsorship Refusal

The individuals have the following options to address the spousal sponsorship refusal

• Submit a New Application: Following a refusal of a spousal sponsorship application in Canada, individuals can opt to address the grounds for refusal and submit a fresh application, ensuring any shortcomings in the initial submission are corrected.

• Appeal the Decision to IAD: Depending on the nature of the refusal, individuals may have the opportunity to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board. This option is typically available for refusals related to the authenticity of the relationship.

• Request Judicial Review: If the refusal is based on factual or legal errors, individuals can seek judicial review from the Federal Court of Canada, where the decision-making process, rather than the decision itself, is scrutinized.

• Resolve Ineligibility Issues: Should the refusal be due to issues like criminal history or misrepresentation, individuals must address these concerns before considering re-application or appealing. This may entail resolving legal or eligibility matters prior to proceeding further.

Appeal Process

If your spousal sponsorship application has been refused, you have the option to appeal the decision through the Immigration Appeal Division. This appeal process provides an opportunity for you to present your case and address any reasons for refusal. The Immigration Appeal Division will conduct a hearing where you can provide additional evidence and arguments to support your sponsorship application. It’s essential to prepare thoroughly for the appeal hearing and present your case effectively to increase your chances of success.

Starting a Sponsorship Appeal

• • 1. 1. File the Notice of Appeal
          • Upon receiving a refusal letter from IRCC with reasons, you have 30 days to appeal.
          • Submit a completed Notice of Appeal Form along with the IRCC refusal letter.
          • Send these documents to the relevant IAD office in your province or territory before the deadline.

     

    1. 1. Receive the Appeal Record
          • The IAD requests the appeal record from the Minister, containing relevant information about the IRCC decision.
          • The Minister must provide the record to you, your counsel, and the IAD within 120 days.

     

    1. 1. Alternative Dispute Resolution (ADR) Conference, if Applicable
          • Depending on your case, the IAD may suggest an ADR conference.
          • ADRs are meetings involving you, Minister’s Counsel, and an IAD officer to discuss the case and seek resolution.

     

    1. 1. Scheduling Your Hearing Date
          • If ADR does not resolve the appeal, the IAD schedules an oral hearing.
          • You’ll receive a Notice to Appear with details of the hearing date and place, either directly or through your counsel.

     

    1. 1. Preparing Your Documents:
          • Gather evidence and prepare documents to support your case.
          • Ensure all documents are in English or French, or translated by a certified translator.
          • Comply with rules for preparing your disclosure package and submit it to the Minister’s counsel and the IAD.

     

    1. 1. Attending the Hearing
          • Ensure everyone, including witnesses, arrives ahead of time.
          • Appellant usually testifies first, followed by questioning from the board Member, counsel, and Minister’s representative.
            • Witnesses follow a similar process.
          • • Parties make final arguments orally or in writing.

     

    1. Receiving a Decision
       • The IAD Member decides to allow or dismiss the appeal.
       • If allowed, IRCC’s decision is overturned, and the application for permanent residency continues.
       • If dismissed, IRCC’s decision stands, and further legal advice may be sought, including judicial review.

FAQs

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