There is process which needs to be follow:
- Filling a sponsorship appeal: This is known as a sponsorship appeal (subsection 63(1) of IRPA). You can appeal to the IAD if you are a permanent resident or Canadian citizen who made an application to sponsor a family member to immigrate to Canada and the visa application was refused by Immigration, Refugees and Citizenship Canada (IRCC). But under some conditions you can not appeal – Serious criminality, six months imprisonment Violations of human or international rights or if you are involved in group or organised crime.
How to start an appeal?
You have 30 days after receiving the refusal letter to appeal to the IAD.
So you can file a sponsorship appeal, but you must submit following documents:
A copy of the IRCC refusal letter sent to the person you sponsored and a completed Notice of Appeal form.
- Preparing for your appeal: Immigration appeals can be quite complex. After your notice of appeal has been received, there are a number of actions that occur well before your hearing date.
the Immigration Appeal Division (IAD) will request the appeal record from the Minister in most of the cases for security purposes. Your appeal record contains all the information related to the decision made in your sponsorship application. And the Minister has to provide it to you and the IAD within the time period of 120 days from the date requested.
- Preparing for your hearing: In hearing majorly deals with scheduling your hearing.
Under scheduling your hearing:
If you have counsel- The Immigration Appeal Division (IAD) will contact your counsel to schedule your hearing. After which you will receive a Notice to Appear at least four weeks before the hearing date. The Notice to Appear contains all 5he required information that tells you when and where your hearing will be.
And incase if you do not have counsel:
You will receive a Notice to Appear for a scheduling conference. And in that conference an IAD officer will explain the hearing process & schedule a date for your hearing.
Arriving at your hearing prepared
You must prepare your case before your hearing date. Documents, witness information and interpretation needs must be received at least 20 days before your hearing. The guide Attending a Hearing at the IAD explains what you need to do before your hearing and what happens at the hearing.
Note: If you do not receive a decision at your hearing, you can expect to receive your decision and reasons within 60 days. Incase, your appeal cannot be resolved without a hearing, you will be invited to an oral hearing.
- Getting and acting on a decision:
There will be two cases,
Firstly,
If your appeal is accepted:
The decision to refuse the permanent resident visa application is cancelled or overturned and Immigration, Refugees and Citizenship Canada (IRCC) will resume processing the permanent resident visa application. Your appeal is closed and the Immigration Appeal Division (IAD) is no longer involved in the processing of your sponsorship application.
You can contact IRCC regarding the status of your sponsorship application.
Secondly,
If your appeal is dismissed/rejected:
The decision taken by IRCC to refuse the permanent resident visa application remains the same. Then your appeal is closed at the IAD. If you are willing you can take a legal advice.
Under which you can file a appeal to Federal Court: In which either you or Minister’s Counsel may apply to the Federal Court of Canada for leave, or permission, for judicial review of any IAD decision. The Federal Court of Canada can take action in two form: It will either dismiss the application /return the case to the IAD for rehearing.
