Spousal Sponsorship Refused: Appeal, Judicial Review or Reapply?
· Harjeet Arora, RCIC-IRB
A refused spousal or partner sponsorship does not always lead to the same remedy. The sponsorship class, refusal reason, appeal rights and evidence determine whether an IAD appeal, Federal Court review or new application should be considered.
IAD sponsorship appeal
For qualifying refused family-class permanent residence sponsorships, the sponsor may have a right of appeal to the Immigration Appeal Division. The notice of appeal generally must be received within 30 days of receiving the refusal decision.
Judicial review
Some refusals do not carry an IAD appeal right, and Federal Court judicial review may need to be considered instead. Court representation is handled through FDI by its authorized in-house lawyer.
Reapply
A new application can be appropriate in some cases, particularly where the evidentiary problem can be corrected, but reapplying without understanding the refusal can reproduce the same problem.
See Sponsorship Refusal Appeals and Federal Court Judicial Review.
Related guidance: How to respond to a procedural fairness letter involving misrepresentation.
Preserve the appeal record
Keep the sponsorship refusal letter, application package, interview notes if available, relationship evidence and date the decision was received. The sponsorship category and any statutory bar must be assessed before selecting an appeal or new application.
General information only. Appeal rights and deadlines must be checked from the actual refusal.