Canadian citizens or permanent residents whose application to sponsor a family member has been refused by the immigration authorities can appeal to the immigration appeal division within 30 days.
Sponsorship appeals are appeals by Canadian citizens or permanent residents of the refusal by the immigration authorities of their application to sponsor their family member including their spouse, partner, child or parent for permanent residence in Canada.
These appeals are heard by the Immigration Appeal Division (IAD) of the Immigration and Refugee Board.
The IAD is an independent administrative tribunal that acts like a court to review immigration department decisions, including hearing any new evidence, then deciding whether or not the decision of the immigration authorities should be overturned.
Procedure before the immigration appeal division in sponsorship appeals
Once the Canadian sponsor receives a refusal letter from the immigration department rejecting their application to sponsor their family member they have 30 days to appeal to the Immigration Appeal Division. The usual reasons for the refusal are as follows:
- For spouse or partner sponsorships, the most common reason for refusal is that the immigration authorities do not believe the relationship between the couple is genuine.
- For parental sponsorships, the application is usually refused because the sponsor does not meet the financial requirements to sponsor.
- Other common grounds of refusal include criminal or medical inadmissibility, or misrepresentation.
The appeal hearing
After an appeal has been filed, the IAD will schedule a hearing. At the hearing the appellant will have an opportunity to present new documentary evidence, to testify as to the facts of the case, and to call witnesses. The appellant may also be represented by a consultant who will conduct the examinations of the witnesses and who will also have an opportunity to make submissions on the appellant’s behalf.
The immigration authorities will send their own lawyer or representative to the hearing to defend their decision to reject the application. The immigration department’s lawyer may adduce new evidence, cross-examine witnesses, and make submissions on the department’s behalf.
A Board Member will preside over the hearing and will act as a judge to decide the case. The Member may also question witnesses and will render their decision orally or in writing at the conclusion of the hearing.