What is a sponsorship appeal and when does it happen
If you receive a refusal decision on your family sponsorship application, you may be eligible to appeal it to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).
The appeal will decide whether your sponsorship should be allowed.
The appeal option is also available if your sponsorship application for a same-sex partner or spouse is refused.
Please note that it is possible that you re-submit your sponsorship application if you can fix the issues that cause the refusal.
Who has the right to appeal
Generally speaking, you have the right to appeal unless one of the following situations applies to you.
You cannot appeal if the sponsored family member is found inadmissible on any of the following grounds:
1. security,
2. international and human rights violations,
3. serious criminality,
4. organized criminality,
5. misrepresentation (This does not apply if the sponsored family member is your spouse, common-law partner, or child).
Further, you cannot appeal if your sponsorship application for a same-sex partner or spouse is under the Spouse or Common-Law Partner in Canada Class.
Please note that only the sponsor may exercise the right to appeal.
What is a sponsorship appeal like
The sponsorship appeal is similar to a hearing in court. A decision-maker will preside during the hearing.
You and your representative, if applicable, will need to attend the hearing. The opposing party, Immigration, Refugees and Citizenship Canada (IRCC), may also attend.
You will have a chance to speak to the decision-maker, present your case, call witnesses, question evidence/witness, make submissions, etc.
Who must prove the case
You must prove your sponsorship application should be allowed.
Please note that if IRCC attends the hearing, they will present their case. If they do not attend, they will provide a written submission. Therefore, it might be necessary that you prepare for your response to their submissions.
Same-sex partner sponsorship appeal and humanitarian and compassionate consideration
The IAD of IRB has the power to consider the sponsor's humanitarian and compassionate (H&C) grounds.
Some of the H&C grounds may include:
1. Establishment in Canada.
2. Ties to Canada.
3. The hardship if sponsorship was not allowed.
4. The best interest of the child.
You shall present all of your H&C grounds. If the decision-maker grants you H&C consideration, they will allow your sponsorship.
Please note you cannot request H&C consideration if the family relationship is not genuine.
Possible outcomes of a same-sex partner sponsorship appeal
If you are successful in your case, the decision-maker will allow your sponsorship. On the other hand, the decision-maker may confirm the refusal decision if you cannot prove your case.
How to start a same-sex partner sponsorship appeal
You must send a Notice of Appeal (NOA) to the IAD of the IRB within 30 days after you receive the refusal sponsorship decision.
What we can help you with same-sex partner sponsorship appeal
We personalize our services for you based on the information and circumstances pertaining to your case, which may include any of the followings:
1. Review the refusal reasons,
2. Conduct legal research for case law that may be helpful for your case,
3. Help you identify your H&C grounds, if any,
4. Review the IRB file and any supporting documents you may have,
5. Help you gather the evidence. If evidence is not available, we will provide you with advice as to how to preserve it,
6. Interview your witness(es) for the hearing, if applicable,
7. Provide other advice, legal opinions, and instructions as needed, and
8. Act as your representative for the IRB procedure, including but not limited to communicate with the IRB, provide submissions, attend the hearing and any pre-hearing conferences, etc.
Book an appointment for an initial assessment today or contact us directly.
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