Spouse Sponsorship Appeal

Here’s a breakdown of the process:

Key Distinctions: Inland vs. Outland Sponsorship

1. Outland Sponsorship: 
   • This applies when the sponsored spouse resides outside Canada or, even if in Canada, the application is processed through a visa office abroad.
   • If refused, sponsors have the right to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).
2. Inland Sponsorship: 
   • This applies when the sponsored spouse is living in Canada with the sponsor, and the application is processed within Canada.
   • If refused, there is no direct right to appeal to the IAD. Instead, the sponsor can pursue a judicial review in Federal Court or reapply with a stronger application.
     
     

Appeal Process for Outland Sponsorship Refusals

If your Outland spousal sponsorship application is refused, here’s how the appeal process works:

1. Receive the Refusal Letter: 
   • IRCC will send a letter detailing the reasons for the refusal (e.g., doubts about the genuineness of the relationship, ineligibility of the sponsor, or inadmissibility of the sponsored person).
2. File a Notice of Appeal: 
   • You must submit a Notice of Appeal to the IAD within 30 days of receiving the refusal letter.
   • This form is available on the IRB website, and it must be completed and sent to the appropriate IRB office, typically by mail or electronically if permitted.
3. Alternative Dispute Resolution (ADR): 
   • In some cases, the IAD may refer your appeal to an ADR process before a full hearing. This is an informal meeting with a Dispute Resolution Officer and a representative of the Minister of Immigration (Minister’s Counsel).
   • If resolved at ADR, the application may be sent back to IRCC for reconsideration without a hearing. If unresolved, it proceeds to a full hearing.
4. Full Hearing at the IAD: 
   • If ADR doesn’t apply or fails, a hearing is scheduled before an IAD member. This typically occurs 12–18 months after filing the appeal, depending on backlogs.
   • You (the sponsor) and your spouse may need to testify to prove the relationship’s genuineness or address other refusal reasons. Supporting evidence (e.g., photos, communication records, joint financial documents) is critical.
   • Legal representation is recommended but not required.
5. Decision: 
   • The IAD may allow the appeal, sending the application back to IRCC for reprocessing, or dismiss it.
   • If dismissed, you can seek leave (permission) for judicial review at the Federal Court within 15 days (for decisions made in Canada) or 60 days (if abroad), though this is a more complex and costly step.
     
     

Limitations on Appeals

You cannot appeal to the IAD if the refusal was due to:

• Serious criminality (punishable by at least 6 months in prison in Canada).
• Involvement in organized crime.
• Security risks, human/international rights violations, or misrepresentation (unless it involves a spouse, common-law partner, or child).

Options for Inland Sponsorship Refusals

Since Inland refusals don’t qualify for an IAD appeal, you have two main options:

1. Judicial Review: 
   • Apply to the Federal Court within 15 days of the refusal (if in Canada) to challenge the decision’s fairness or legality. This requires proving an error in law or procedure, not just disagreement with the outcome.
   • Success may result in the case being sent back to IRCC for redetermination.
2. Reapply: 
   • Submit a new application addressing the refusal reasons (e.g., providing stronger evidence of the relationship). Request the officer’s notes from the refused application to understand and fix specific concerns