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.


ABOUT WAZANALAW Welcome to WazanaLaw Who is Richard Wazana... Our Team What can we do for you? Immigrants and refugees Human rights practitioners Students Legal research Recent Federal Court decisions Find us and contact us THE IMMIGRATION PROCESS Immigrating to Canada? Live-in Caregiver Entering Canada Temporarily? Temporary Resident Visa Work Permit Study Permit Temporary Resident Permit Sponsoring a family member? Spouses Children Parents and grandparents Out of status? Humanitarian and compassionate Pre-removal risk assessment Stay of deportation Judicial reviews and appeals Failed refugee claims Removal order appeals Spousal sponsorship appeals Residency appeals RESOURCES Canadian immigration legislation Immigration forms library Useful Web sites	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.
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