Not every immigration application gets approved on the first attempt. Family sponsorship refusals present challenges, but the Immigration Appeal Division (IAD) offers hope. Immigration Nation helps families understand and navigate the appeal process. This guide explains the IAD, the appeal process, and how to manage your appeal effectively. With expert guidance, you can turn a refusal into an approval.
What is The Immigration Appeal Division in Canadian Immigration?
The Immigration Appeal Division (IAD) operates under the Immigration and Refugee Board (IRB) and handles immigration disputes, including spousal sponsorship refusals. It functions independently from the main immigration department, ensuring fair decisions that align with Canadian law. Applicants appealing a residency obligation violation must file within 60 days of receiving the decision. Moving quickly and seeking legal guidance improves the chances of a successful appeal.
IAD and Family Sponsorship Appeals
Sponsors can appeal a refused family sponsorship application to the IAD. This process allows sponsors to present their case for reconsideration. By appealing, sponsors can explain their reasons and provide supporting evidence. They must demonstrate why their family member deserves permanent residence in Canada.
Who can appeal?
Appealing to the IAD is an option for permanent residents or Canadian citizens who have had a family sponsorship application refused by Immigration, Refugees, and Citizenship Canada (IRCC). This right to appeal serves as a critical review mechanism, ensuring that genuine and qualifying applications have a second chance for consideration.
Who cannot appeal?
However, not all situations qualify for an appeal. If the sponsored individual is deemed inadmissible to Canada due to criminal convictions, security threats, involvement in organized crime, or violations of human or international rights, the appeal option is off the table. Misrepresentation is another critical factor; while it generally disqualifies an appeal, exceptions are made for spouses, common-law partners, or children under certain circumstances.
Steps for Appealing a Refused Family Sponsorship Application to the IAD
- Understanding the Refusal: Start by closely examining the refusal letter from IRCC to pinpoint the reasons for your application’s denial. This clarity is crucial for tailoring your appeal effectively.
- Gathering Evidence: Collect all relevant evidence that counters the reasons for refusal. This may include financial records, communication logs, or affidavits that prove the validity of your sponsorship.
- Filing the Notice of Appeal: Submit the Notice of Appeal form to the IAD within the specified time frame, usually 30 days from receiving the refusal, including all necessary documentation.
- Preparing Your Case: Work on building a strong case by organizing your evidence, possibly with legal assistance, to present the strongest appeal possible.
- Attending the Hearing: Be ready to present your case at the hearing, clearly and convincingly arguing why the refusal should be overturned.
- Awaiting the Decision: After the hearing, wait for the IAD’s decision, which will be communicated in writing, detailing whether your appeal has been successful or not.
Conclusion
Appealing a family sponsorship refusal may seem difficult, but the right help can change the outcome. Immigration Nation guides you through every step of the appeal process. We understand the importance of reuniting your family in Canada. Our experts provide the knowledge and expertise needed for a successful appeal. If your application was refused, contact Immigration Nation for professional support.
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