Having to deal with a spousal sponsorship refusal can make one feel like all hope is lost. Yet, this is where the light shines through the tunnel of what’s possible thanks to the opportunity of an appeal with the Immigration Appeal Division (IAD). It’s a chance not just for a second review but for a thorough consideration of your case under the compassionate lens of Canadian law. Here at Immigration Nation, our experts understand the stress that can come with a refusal and are here to guide you step-by-step through the appeal process, ensuring that every detail is addressed. From understanding what the IAD’s role is in Canadian immigration, to navigating the specifics of your appeal, our experts are dedicated to supporting you on this journey
What is The Immigration Appeal Division in Canadian Immigration?
The Immigration Appeal Division, or IAD, is part of the Immigration and Refugee Board (IRB), acting as a key decision-making group for various immigration disputes like applications that relate to the refusal of a spousal sponsorship. It stands separate from the main immigration department, focusing on looking closely at appeal cases to make sure decisions are fair and are in alignment with Canadian law. For those needing to appeal, there’s a strict 30-day limit to get started after you receive the initial decision, which really underlines the need to move quickly and, ideally, to have a lawyer to help guide you through this tricky process.
IAD and Spousal Appeals
Who can appeal?
You can appeal your case if you are a permanent resident or a Canadian citizen who has submitted a sponsorship application for a family member to immigrate to Canada, and have had that application turned down by the IRCC
Who cannot appeal?
Not everyone has the right to appeal. If the individual you sponsored has been deemed inadmissible to Canada, you lose the ability to appeal. Inadmissibility covers several grounds, including:
• Conviction for a crime within Canada resulting in a sentence of six months or more in a Canadian prison.
• Committing or being convicted of a crime outside Canada that, if committed in Canada, would carry a maximum prison term of ten years or more.
• Involvement in organized crime activities, such as people smuggling or money laundering.
• Being considered a security threat, such as attempting to overthrow a government or participating in terrorism.
• Violation of human or international rights, including the commission of war crimes.
There is an exception in cases of misrepresentation (where the sponsored individual either lied on their application or withheld significant information). In these instances, the IAD may still accept appeals if the individual being sponsored is a spouse, common-law partner, or child.
Steps for Appealing a Refused Spousal Sponsorship Application to the IAD
1. Initiating the Appeal Process
Begin by submitting the Notice of Appeal form with the refusal letter you received from IRCC. This is your chance to add any supplementary documentation you think was missing from your first application. Remember, you have 30 days from the date of the refusal letter to start your appeal. While you can choose to represent yourself, it is advisable to seek advice from an immigration consultant as this may increase your chances of success thanks to their expertise in immigration law.
2. Building Your Case
Your goal here is to convince the IAD that the first decision should be reversed in your favor. Gathering and presenting strong evidence is crucial, as well as highlighting any mistakes or errors in your application. Including witness testimony can add weight to your appeal, offering personal insights into your case.
3. Seeking an Informal Resolution
An Early Resolution Officer (ERO) from the IAD may contact you to collect more information, potentially offering a path to resolve the appeal without a formal hearing. Sometimes, this involves an Alternative Dispute Resolution (ADR) meeting with you, the ERO, and a representative from the Minister’s office, aiming for a mutual agreement before reaching the hearing stage.
4. Preparing for the Hearing
If an informal attempt does not lead to a resolution, a hearing will be scheduled. You’ll be informed about the date, time, and whether it will be conducted in-person, virtually, or by phone. To prepare for this stage, make sure to familiarize yourself with the hearing process and what’s expected of you.
5. Detailed Hearing Preparation
Compile a detailed list of witnesses at least 30 days before the hearing, briefly explaining who they are, the nature of their testimony, and any additional needs such as the need for an interpreter. This list, along with any reports from expert witnesses, should be shared with the Minister’s Counsel and the IAD in advance.
6. The Hearing Itself
Arrive prepared and ready to present your case. You, as the appellant, will usually testify first, followed by your witnesses. It’s important that your witnesses are not present in the room or able to hear your testimony if the hearing is virtual. After all testimonies, you or your legal representative will make closing arguments.
7. Receiving the Decision
The decision might be made immediately at the conclusion of the hearing or deliberated upon and issued within 60 days. A written confirmation will follow any decision made, outlining the next steps or concluding the appeal process.
Conclusion
Facing an appeal for spousal sponsorship with the IAD can seem tough and full of complex legal details. But you don’t have to face it alone. Here at Immigration Nation, we’ve got a team ready to offer you the help and advice you need to get through it. We understand how stressful this process can be and are to make sure your application has the best shot at success. If you need some advice on what to do next, reach out to us and our team of experts will be here and ready to guide you through this journey!
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