Immigration Appeal Division

Sometimes IRCC denies applications for family sponsorships. It means IRCC has denied a Canadian Citizen or Permanent Resident’s request to sponsor a family member. The sponsor can appeal against this decision at the Immigration Appeal Division (IAD) of Immigration and Refugee Board (IRB) of Canada. 

When can a person not appeal a decision?

A person cannot appeal a decision when:

• There is a criminal offence which is punishable in Canada with no less than 6 months of prison.
• There is serious criminality involved and the person was involved in organized crime. 
• The person is a security threat for Canada. 
• There is violation of international and human rights.
• There is misrepresentation. 

When can a person appeal a decision?

When the sponsor receives a refusal letter from IRCC, the sponsor should appeal at IAD within 30 days. The IAD then conducts a hearing where it listens to both the Appellant and the Minister’s counsel. IAD members then make a decision on the hearing and decide whether the case would be sent back to IRCC for processing or the case would be dismissed. 

The IAD’s decision can be appealed at the Federal Court of Canada within 15 days of getting the decision in writing. The appeal can be made by both the minister’s counsel or the Appellant. The court then decides whether to send the case back to IAD for further hearing or to dismiss the case altogether. 

What is meant by the Alternate Dispute Resolution (ADR) process?

Some of the cases are more straightforward and they can be solved by the Alternate Dispute Resolution (ADR) process. In this process both the Appellant and the Minister’s counsel sit with a Dispute Resolution Officer and discuss the case. If both parties agree with the decision made during this process then the issue is resolved. This is a much faster process than conducting a whole hearing. 

What steps are followed in the sponsorship appeal process?

• The sponsorship appeal made by a Canadian Citizen or Permanent Resident for his close family member is denied. 
• The sponsor makes an appeal against the decision with the IAD within 30 days of  getting the decision.
• The appeal is sent to ADR so that it can be solved without the need for a hearing.
• If the case is not solved by ADR, or if it was not sent to ADR, then it is scheduled for a full hearing. 
• The appeal may then be granted or denied. If the appeal is denied then the sponsor can appeal at the Federal Court of Canada. 

Sponsorship rejections are a sad decision which prevents you from uniting with your family members. Sponsorship appeals can be a complicated process and we understand it. Please give us a call at SAM Law and we will help you through this hard time.