Spousal Sponsorship Appeals

It is a somewhat confusing and frustrating fact that you can only appeal a refused sponsorship application if you are a Permanent Resident, and if the visa office abroad has determined that the person(s) you were trying to sponsor is a member of the family class. The first implication is that the decision you are challenging must come from a sponsorship application. For instance, if you are a Convention Refugee and you include your children in your PR application, and your children's application is refused, you have no right of appeal to the IAD but can only challenge the decision at the Federal Court.

Sponsorships are refused for many reasons, a very common one being that the visa office believes that your marriage, for example, is one of convenience. If the application is refused, you have the right to appeal to the IAD. If the IAD believes it to be appropriate, it may refer your case for Alternative Dispute Resolution (ADR), which may result in your case being resolved. If it isn't resolved at ADR, it will proceed to a full hearing. As in removal order appeals, it is highly recommended that you hire a lawyer to assist you.