Family Sponsorship
Sponsorship Appeal
Was your application to sponsor a family member refused? In qualifying Family Class cases, the sponsor may appeal the refusal to the Immigration Appeal Division (IAD). An appeal asks the IAD to review the refusal based on the law, the evidence, procedural fairness and, where available, humanitarian and compassionate considerations.
01 What Is a Sponsorship Appeal?
A sponsorship appeal is a proceeding before the Immigration Appeal Division of the Immigration and Refugee Board of Canada. It allows a sponsor to challenge IRCC’s refusal to issue a permanent resident visa to a person sponsored as a member of the Family Class.
02 Who Can Appeal?
The right of appeal depends on the application class and the reason for refusal. Review the two sides of the rule below.
When a Right of Appeal May Exist
The person who filed a sponsorship application may appeal when IRCC refuses to issue a permanent resident visa to the sponsored person as a member of the Family Class. Only the sponsor files the appeal; the sponsored family member cannot file it.
When the IAD Cannot Hear the Appeal
There is no sponsorship appeal to the IAD for a temporary resident visa refusal or a refusal under the Spouse or Common-Law Partner in Canada Class. The Act also bars an appeal where the sponsored person was found inadmissible for:
- security;
- violating human or international rights;
- sanctions;
- serious criminality; or
- organized criminality.
A refusal based on misrepresentation is also barred, unless the sponsored person is the sponsor’s spouse, common-law partner or child.
The IAD must receive the completed Notice of Appeal and required documents within 30 days after the sponsor receives the refusal decision and written reasons, if any. Missing this deadline can put the appeal right at risk.
03 What Can the IAD Consider?
The IAD decides the appeal using the evidence before it when the appeal is resolved. Select a ground to see what it addresses.
Wrong in Law, Fact, or Mixed Law and Fact
The IAD may allow an appeal if the refusal was legally or factually wrong, or wrong on a question combining law and fact. The issues depend on the refusal reasons and the evidence presented on appeal.
Natural Justice
The IAD may allow an appeal where a principle of natural justice was not observed. This concerns whether the decision-making process was procedurally fair.
Humanitarian and Compassionate Considerations
The IAD may grant special relief where sufficient humanitarian and compassionate considerations warrant it in light of all the circumstances, taking into account the best interests of a child directly affected.
This relief is not available unless the IAD decides that the sponsored person is a member of the Family Class and the appellant is a sponsor within the meaning of the regulations.
04 How the Appeal Process Works
File the Appeal
Submit your Notice of Appeal and required documents to the IAD within the 30-day deadline.
Prepare Your Case
Review the reasons for refusal and gather evidence supporting your appeal. Submit your evidence within the required deadlines.
Resolution or Hearing
Some appeals can be resolved without a hearing. If a hearing is needed, you will have an opportunity to explain your case, present evidence and call witnesses.
Receive the Decision
The IAD considers the law and the evidence before deciding whether to allow or dismiss the appeal.
05 What Happens After the Decision?
The Refusal Is Set Aside
IRCC resumes processing the permanent resident visa application. An allowed appeal does not itself grant permanent residence; IRCC may still assess other eligibility and admissibility requirements that were not resolved by the IAD’s decision.
The Refusal Remains in Effect
The appeal closes at the IAD. Depending on the reasons and circumstances, the sponsor may need prompt advice about a possible application for judicial review at the Federal Court or another available step.
06 Frequently Asked Questions
Can the sponsored family member file the appeal?
Can I submit evidence that IRCC did not have?
Does filing an appeal give the sponsored person status in Canada?
Will every appeal have an ADR conference?
Does an allowed appeal guarantee permanent residence?
Talk to a Licensed Expert
Need help after a sponsorship refusal?
Get personilized guidance to review the refusal, identify the applicable deadline and issues, and explain the next steps for your case.
