The spousal sponsorship appeal process at the Immigration Appeal Division (“IAD“) in Canada is a legal process that allows individuals who have had their spousal sponsorship application refused by Immigration, Refugees and Citizenship Canada (“IRCC“) to appeal the decision. The appeal process provides an opportunity for individuals to present their case to an independent body and have their case reviewed by a member of the IAD.
Process
The spousal sponsorship appeal process begins with the individual filing an appeal with the IAD within 30 days of receiving the refusal letter from IRCC. The appeal must be in writing and provide reasons why the refusal was incorrect. The individual must also pay a fee to file the appeal.
Once the appeal has been filed, the IAD will provide a hearing date. The hearing will be conducted by a member of the IAD, who is an independent decision-maker. The hearing is an opportunity for the individual to present evidence, provide testimony, and argue their case.
Prior to the hearing, the individual and their sponsor must provide all relevant documents and evidence to the IAD and to IRCC. This includes any new evidence or information that was not included in the initial spousal sponsorship application.
At the hearing, the member of the IAD will listen to both sides of the argument and review the evidence presented. The individual and their sponsor may be represented by a lawyer or an authorized representative, but it is not mandatory.
After the hearing, the member of the IAD will make a decision. The decision will be based on the evidence presented and the relevant laws and regulations. The decision may be to allow the appeal and grant spousal sponsorship, or to dismiss the appeal and uphold the refusal decision.
If the appeal is allowed, the spousal sponsorship application will be sent back to IRCC for further processing. If the appeal is dismissed, the individual may have the option to appeal the decision to the Federal Court of Canada.
Statistics
According to internal IRCC data, from 2016 to 2020 the percentage of refused sponsorship applications who appealed their decision was around 37.7%.
