If you have sponsored a family member whose application for permanent residence was refused, you may want to appeal that decision to the Immigration Appeal Division (IAD). We can help. Speak with an experienced immigration attorney today.
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If you are a Canadian citizen or permanent resident of Canada and your application to sponsor a spouse, partner, dependent children, parents and grandparents, and other relatives was rejected, you may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) within 30 days after the rejection.
You cannot appeal to the IAD if the person you sponsored was found inadmissible to Canada for any of the following reasons:
In any case, your family member must meet all other admissibility requirements.
You have 30 days after receiving the refusal letter to appeal to the IAD. To file a sponsorship appeal, you must submit:
- A completed Notice of Appeal form .
- A copy of the IRCC refusal letter sent to the person you sponsored.
Sponsorship appeals are legally complex and you may want to consider hiring a lawyer to assist you.
Appeal proceedings are usually open to the public. This means that any information used in the immigration appeal is public information and could appear in your decision. Your decision may be published online, or provided to the public and the media upon request, unless a confidentiality order is obtained or unless exceptional circumstances apply.
If your sponsorship appeal is rejected, you may make an application for leave and juridical review with the Federal Court. If you win at the Federal Court, your application will be sent back to a new officer for reconsideration.
You can also re-apply to sponsor your relative for permanent residency. However, if the application is refused again, you may not be able to appeal the decision a second time due to a legal principle called res judicata (“a matter that has been adjudicated by a competent court and may not be pursued further by the same parties”).
If your sponsorship application was rejected within the last 30 days, do not delay. Speak with an immigration attorney today to understand your options for appealing the decision.
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Khan Law is a boutique law practice that has been providing legal services to the Greater Toronto Area since the year 2000.