If you sponsored a family member whose permanent residence application was denied, you may choose to file an appeal with the Immigration Appeal Division (IAD) to explain why the visa application should be allowed. This is referred to as a sponsorship appeal (IRPA Article 63(1)).
Who has the right to appeal?
If you are a permanent resident or a Canadian citizen who applied to sponsor a family member to immigrate to Canada and were denied by Immigration, Refugees and Citizenship Canada, you can appeal to the IAD (IRCC).
Who is unable to file an appeal?
If the individual you sponsored was deemed inadmissible to Canada for the following reasons, you will not be able to appeal.
Serious criminality is characterized as having the following characteristics:
⦁ been convicted of a crime in Canada that resulted in a sentence of six months or more in jail, or
⦁ been convicted of an offence outside of Canada that would carry a maximum sentence of at least ten years in Canada, or
⦁ performed a conduct outside of Canada that would be punishable by a maximum sentence of ten years in Canada.
⦁ Grounds of security
⦁ Human or international rights violations, or
⦁ False advertising (unless the person you sponsored is your spouse, common-law partner or child)
How do you begin an appeal?
You have 30 days from the date you get the denial letter to file an appeal with the IAD.
To file a sponsorship appeal, you must submit the following documents:
⦁ A properly filled-out Notice of Appeal form.
⦁ A copy of the refusal letter from the IRCC sent to the person you sponsored.
Proceedings in the open
Public hearings on immigration appeals are common. This implies that any information you provide in your appeal will be considered public and may appear in your judgement. It’s possible that your decision will be made public on the internet. Unless a secrecy order is obtained or special circumstances exist, the public and the media will be given a copy of the documents in your appeal upon request.
Getting ready for your appeal
There are a few things that happen once your notice of appeal is received, and they all happen before your hearing date.
Obtaining legal assistance
Immigration appeals can be difficult to navigate. If you haven’t already, you might wish to hire an attorney or an immigration expert to help you with your appeal. In the Getting Legal Assistance section, you can learn more about authorized counsel.
Obtaining the appeal file
In most situations, the Minister would be asked to provide the appeal record to the Immigration Appeal Division (IAD). The appeal record contains all of the details surrounding the decision made in your sponsorship application. Within 120 days after the date requested, the
Minister must provide it to you and the IAD.
An IAD officer may contact you or your counsel before or after receiving the appeal record to obtain additional information about your appeal. This will assist you in determining whether or not your appeal can be resolved without an oral hearing.
It is critical that you give all of your contact information on time and notify the IAD if your contact information changes.
ADR stands for alternative dispute resolution (ADR)
Your appeal may be referred to an alternative dispute resolution (ADR) session by the IAD. It is only recommended in certain circumstances. (ADR) is an informal discussion between you, the Minister’s Counsel, and an IAD officer to discuss the case, explain issues, and encourage both parties to reach an agreement. There is no need for a hearing if ADR is successful.
The guide “Attending an ADR Conference at the IAD” is a good resource for more information on what to expect and how to prepare for an ADR conference.
You or your legal counsel do not respond to a request for information, or you do not respond to a request for information in a timely manner.
You fail to attend an ADR conference to which you were invited.
Getting ready for your hearing
You will be invited to an oral hearing if your appeal cannot be decided without a hearing.
Organizing your hearing
If you have any advice, Your attorney will be contacted by the Immigration Appeal Division (IAD) to schedule your hearing, and you will receive a Notice to Appear at least four weeks before the hearing date. The Notice to Appear specifies the date and location of your hearing.
If you don’t have any legal advice, A Notice to Appear for a Scheduling Conference will be sent to you. An IAD officer will explain the hearing process and set a date for your hearing during the conference.
Getting ready for your hearing
Before your hearing, you must prepare your case. Documents, witness information, and interpretation requests must arrive at least 20 days prior to your hearing. The guide Attending an IAD Hearing describes what you should do before your hearing and what happens during it.
The types of documents or material that would be beneficial to your case are determined by the reason for your sponsorship application’s denial. The handbook Preparing your case for the IAD discusses some of the more typical types of refusals and what kind of evidence you’ll need to back up your appeal.
Getting a decision and acting on it
If your appeal is successful, The decision to deny the permanent residence visa application has been reversed (or canceled), and Immigration, Refugees and Citizenship Canada (IRCC) will resume processing the case. Your appeal has been dismissed, and your sponsorship application is no longer being processed by the Immigration Appeal Division (IAD).
You can monitor the status of your sponsorship application by contacting IRCC.
If your appeal is rejected, IRCC’s decision to deny the permanent resident visa application has not changed. At the IAD, your appeal has been dismissed. You might want to seek legal counsel.
Taking the case to the Federal Court of Appeal
You or Minister’s Counsel may petition to the Federal Court of Canada for leave, or permission, to have any IAD judgment judicially reviewed. The Federal Court of Canada will either dismiss the application or remand it to the IAD for further proceedings.