A Sponsorship Appeal in Canada refers to the process of challenging a decision made by Immigration, Refugees, and Citizenship Canada (IRCC) or the Immigration and Refugee Board of Canada (IRB) that denies a family sponsorship application. When a Canadian citizen or permanent resident sponsors a family member to immigrate to Canada, the application may be refused for various reasons, such as concerns about the sponsor’s eligibility, the applicant’s admissibility, or issues with the application itself.

If your family sponsorship application is refused, you have the right to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). The IAD is responsible for hearing appeals related to family sponsorships, including spousal, partner, parent, grandparent, and dependent child sponsorships.

Eligibility to Appeal a Family Sponsorship Decision

Not everyone can appeal a family sponsorship decision. To be eligible to appeal, you must meet the following criteria:

1. Refused Sponsorship: You can only appeal if your family sponsorship application has been refused. If your application is approved, there is no need for an appeal.
2. Eligible Sponsor: The sponsor must be eligible to sponsor the family member. If the sponsor was found ineligible or failed to meet the requirements (for example, they have defaulted on past sponsorships or are financially ineligible), the appeal may be based on correcting these errors.
3. Family Class Sponsorship: Only applications in the Family Class (such as spouses, common-law partners, dependent children, parents, and grandparents) are eligible for appeal. Other types of immigration applications, such as those under the Economic Class, do not have a sponsorship appeal process.
4. Exclusions:
   • If the sponsorship application was refused because of inadmissibility issues related to criminality, security, or human rights violations, the appeal may not be eligible.
   • If the sponsor fails to meet financial requirements or is in default of an earlier sponsorship, it could also impact the appeal.

Steps in the Sponsorship Appeal Process

1. Notice of Appeal:
   • After receiving a refusal letter from the IRCC or Canada Border Services Agency (CBSA), the sponsor has 30 days to file a Notice of Appeal to the Immigration Appeal Division (IAD) of the IRB.
   • The Notice of Appeal form should include the reasons why the sponsor believes the refusal was incorrect or unfair, including any new evidence or information that should be considered.
2. Filing the Appeal:
   • The sponsor must complete the Sponsorship Appeal Form and submit it to the Immigration Appeal Division (IAD). This must be done within 30 days from the date of the refusal decision. If the appeal is not filed within this timeframe, it may be rejected.
   • Along with the Notice of Appeal, you must submit any supporting documents or evidence that you believe will support the appeal, such as:
     • Proof of the relationship (e.g., marriage certificates, photographs, communication logs).
     • Evidence that the sponsor is eligible to support the applicant (e.g., financial records, proof of income).
     • Any other relevant information that could change the decision.
3. IAD Hearing:
   • Once the appeal is filed, the Immigration Appeal Division (IAD) will schedule a hearing. The IAD member will review the appeal and listen to arguments from both the sponsor and the applicant.
   • The sponsor or their representative (such as an immigration lawyer) will have the opportunity to explain why the decision should be overturned and provide supporting evidence.
   • The applicant (the family member who is being sponsored) is also allowed to participate in the hearing if required, especially if there is a need for testimony regarding the relationship or other issues.
4. Decision:
   • After the hearing, the IAD will issue a decision. There are several possible outcomes:
     • Allowing the Appeal: If the IAD finds that the refusal was unjustified, they may allow the appeal and approve the sponsorship application.
     • Dismissing the Appeal: If the IAD agrees with the original decision, the appeal will be dismissed, and the family member will not be allowed to immigrate to Canada through that sponsorship.
     • Referral Back to IRCC: In some cases, the IAD may refer the case back to IRCC for further processing or clarification, especially if there is additional information that needs to be reviewed.
5. Outcome of the Appeal:
   • If the appeal is allowed: The sponsorship application will proceed, and the family member can begin the process of obtaining a permanent resident visa. The applicant will then be issued permanent resident status, which may take several months.
   • If the appeal is dismissed: The refusal stands, and the family member cannot immigrate to Canada as a sponsored person. However, depending on the circumstances, the sponsor and applicant may explore other immigration pathways, such as reapplying or exploring other visa options.
6. Judicial Review:
   • If the IAD dismisses the appeal, there may still be the option of filing for a judicial review in the Federal Court of Canada. A judicial review does not re-hear the case but instead examines whether the IAD made errors in law or procedural fairness during the hearing. This process is complex, and legal advice is recommended.

Important Considerations in a Sponsorship Appeal

1. Timeliness:
   • Be sure to file the appeal within the 30-day timeframe. If you miss this deadline, you may lose the ability to appeal the decision. You can request an extension, but only under certain circumstances.
2. Legal Representation:
   • While it is not required, it is highly recommended to have a lawyer or immigration consultant assist you in the appeal process. They can help present the best case, gather supporting evidence, and ensure all paperwork is properly completed.
3. Review of the Sponsorship Decision:
   • The IAD will not review the applicant’s entire application but rather focus on the reason for the refusal. If the refusal was due to a legal or factual error, the appeal may be successful.
   • Common reasons for refusal include the sponsor’s financial eligibility, relationship issues (e.g., doubts about the authenticity of the relationship), or inadmissibility issues for the applicant (such as a criminal record).
4. Document Preparation:
   • Make sure you have all the necessary supporting documents that prove your eligibility and the genuineness of the relationship. This includes evidence of financial support, proof of communication, and any other documents that support your claim.
5. Hearing Preparation:
   • Prepare well for the appeal hearing, if one is scheduled. This is an opportunity to explain why you think the original decision was wrong, and it is important to present your case clearly and persuasively.
6. Outcome and Next Steps:
   • If the appeal is allowed, the sponsored individual can move forward with the immigration process. However, if the appeal is dismissed, you should consider your next steps, such as reapplying (if eligible) or exploring alternative pathways for immigration.

Conclusion

A Sponsorship Appeal allows individuals to challenge the refusal of a family sponsorship application. The appeal is made to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB), which will review the case and decide whether the refusal was justified. If successful, the sponsorship application can proceed, and the family member may obtain permanent residency. If the appeal is denied, the refusal stands, but there may be options for judicial review or other immigration pathways.

Given the complexity of the process, it is advisable to seek professional legal advice and assistance to help navigate the appeal and maximize your chances of success.