A Canadian citizen or permanent resident who sponsored a family member as a member of the family class may have a right to appeal a refused permanent resident visa to the Immigration Appeal Division (IAD). The sponsor, not the sponsored family member, starts the appeal.
30-day filing deadline
The Notice of Appeal and a copy of the refusal letter generally must be received by the IAD within 30 days after the sponsored family member receives the refusal decision.
Issues commonly examined
- Genuineness and legal validity of a marriage or relationship
- Sponsor eligibility and family-class membership
- Admissibility and misrepresentation findings
- Evidence before the visa officer and additional evidence for the appeal
- Humanitarian and compassionate considerations where the IAD has jurisdiction
Restrictions on appeal rights
IRPA section 64 restricts IAD appeals for specified inadmissibility grounds, including security, human or international rights violations, sanctions, serious criminality and organized criminality. A sponsorship refusal based on misrepresentation also has a statutory restriction, subject to the spouse, common-law partner or child exception in subsection 64(3).
Appeal process
The Minister generally has 60 days under the current IAD Rules to provide the sponsorship appeal record. Some cases may be selected for Alternative Dispute Resolution. If the matter is not resolved, it may proceed to a hearing with documentary and testimonial evidence.
Sponsorship Refusal Guide
For a broader comparison of the available routes after refusal, read Spousal Sponsorship Refused: Appeal, Judicial Review or Reapply?.
IAD Appeal or Federal Court?
Not every sponsorship refusal carries an IAD appeal right. Where no statutory appeal is available, or where review of an IAD decision itself is required, Federal Court Judicial Review may need to be assessed within the applicable filing period. Federal Court proceedings through Fourth Dimension Immigration are handled by FDI's in-house lawyer authorized to practise before the Court. For urgent assessment of a sponsorship refusal, book a consultation.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.