APPEAL TO THE IMMIGRATION APPEAL DIVISION (IAD)
The appeal of refusal of spousal sponsorship must be filed with the Immigration Appeal Division (IAD) within 30 days of receiving the refusal letter. A refusal letter will be sent to your spouse overseas and a different copy will be sent to you informing you of your appeal rights. You must note that you do not have any appeal rights to the IAD if your spousal sponsorship was an "in Canada" sponsorship. Yuor only appeal right for in-Canada sponsorship is to appeal the refusal to Federal Court (to which 15-day deadline applies).
Appeals to IAD take typically more than a year. However, there is a good chance of resolving the appeal through Alternative Dispute Resolution (ADR). To have a successful ADR, you must put your best foot forward. Once you call us and upon retaining our firm's services, we will review the circumstances of your case and give you a list of required documents and supporting evidence which will give you the best chance of winning your immigration appeal as fast as possible.
The first thing for you to do is to obtain a copy of your file from your former representative who acted on your sponsorship case. In this way, we know what has been said and presented and we can get started on addressing the shortfalls and mistakes in your sponsorship file so as to increase the chances of winning your immigration case and bringing your wife or husband to Canada as fast as possible.
The Immigration Appeal Division (IAD) is also responsible for deciding various other types of immigration appeals, including its function to review immigration refusal cases such as: (1) appeal of immigration refusal to a parent under family class; (2) appeal by permanent residents who face deportation order due to being declared “inadmissible” to Canada (i.e., a criminal conviction); (3) appeal loss of permanent resident status due to (a) non-compliance with residency obligation (staying out of Canada too long) (b) or due to misrepresentation (for example, a person who lied in his application forms about a criminal record or about his/her relationship with a spouse or failing to declare a wife / husband / child at the time of landing) to immigration authorities. Also see our section on Residency Obligation.
Appeal of refusal to issue travel document by the Canadian embassy, appeal of Removal Order or appealing inadmissibility declaration due to misrepresentation and/or failure to declare a non-accompanying dependant (wife or child) at time of landing are the most common forms of appeal to IAD.
Category (1) above includes immigration appeal cases where there is refusal of sponsorship of a parent, grandparent, child, minor orphaned brother or sister or a spouse (wife or husband) by a visa officer. Category (2), however, involves immigration appeal cases in which a removal order has been made against a permanent resident (PR) who faces deportation because of criminal conviction. As noted above, immigration appeal of misrepresentation finding is common because it often happens that between the time of applying and the time of arriving in Canada, the applicant's family composition changes (a new born child or the person getting married after submitting application but before getting the visa) and the person failed to inform the immigration officials of this change in his family.
In deciding an immigration appeal or review, the IAD can, in certain cases, consider humanitarian and compassionate (H & C) circumstances. For example, in appeal cases where a PR faces deportation because of criminality ( criminal conviction ), the IAD can stop deportation if the hardship caused by deportation is disproportionate or unusual and undeserved. This power is is referred to as the IAD’s H&C jurisdiction. Therefore, it is imperative that the immigration appeal be prepared thoroughly and presented carefully so that all aspects of the case are brought to the attention of the IAD member.
To overcome inadmissibility rulings, Applications for Rehabilitation or an Application for Pardon may also be available in certain circumstances, as a way of dealing with obstacles presented by a past criminal conviction.
To obtain further information and to take advantage of our free half hour initial consultation, please contact our office at (416) 365-9473 (416) 365-9473 or (416) 454-0068 (416) 454-0068
Our firm has a solid track record in winning immigration appeal and review cases before the IAD, whether a residency obligation appeal, misrepresentation appeal or an appeal from refusal of a spousal sponsorship (Family Class appeal).
Still have questions? Please contact us anytime at (416) 365-9473. We look forward to hearing from you.