IAD Sponsorship Appeals

When a family class sponsorship application is refused by IRCC (Immigration, Refugees and Citizenship Canada), the sponsor (not the applicant) may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. The IAD reviews both the legal correctness of the refusal and may consider humanitarian and compassionate (H&C) factors.

The sponsor's right to appeal a family class refusal is established in IRPA s 63(1). The IAD may allow the appeal on legal grounds under s 67(1)(a) or on H&C grounds under s 67(1)(c). Section 65 specifically addresses H&C considerations in sponsorship appeals, allowing the IAD to consider H&C factors that are not contemplated under the family class requirements.

Who can file a sponsorship appeal

Only the sponsor (the Canadian citizen or permanent resident who submitted the sponsorship application) may appeal a sponsorship refusal to the IAD. The overseas family member who applied for permanent residence cannot independently appeal. Sponsorship appeals are available for refusals in the family class — spouses, common-law partners, conjugal partners, dependent children, parents, grandparents, orphaned relatives, and other dependent relatives listed in the IRPR.

Filing the appeal

A notice of appeal must be filed at the IAD within 30 days of the sponsor receiving written notice of the refusal decision. The appeal is commenced by filing the notice of appeal and paying the prescribed fee.

Grounds for allowing the appeal

The IAD may allow a sponsorship appeal on two grounds:

1. Legal error: The visa officer's decision was wrong in law, fact, or mixed law and fact — for example, the officer incorrectly applied the definition of "spouse," incorrectly assessed the genuineness of a relationship, or failed to consider relevant evidence;
2. Humanitarian and compassionate grounds (s 65): Even if the refusal was legally correct, the IAD may set it aside if there are sufficient H&C considerations that justify doing so. In sponsorship appeals, H&C factors commonly include the strength of the family relationship, the sponsor's establishment in Canada, the best interests of any affected children, and the hardship of continued separation.

Common refusal grounds and appeal arguments

• Relationship genuineness: Officers may find that a marriage or common-law partnership is not genuine or was entered into primarily for immigration purposes. At the IAD, the sponsor can present extensive evidence of the genuine relationship — correspondence, photographs, financial ties, evidence of mutual knowledge of each other's lives;
• Misrepresentation: If the officer found misrepresentation, the IAD considers whether the finding was correct and, in some cases, whether H&C grounds justify relief despite a finding of misrepresentation;
• Inadmissibility: If the sponsored person is found inadmissible (e.g., on health or criminality grounds), the IAD may review the inadmissibility finding.

IAD hearing

Sponsorship appeals are typically heard orally. The sponsor testifies and may call witnesses. The sponsored person abroad may testify by videoconference. The Minister's representative may appear and cross-examine. The IAD member may ask questions of both parties.

Outcomes

The IAD may allow the appeal (directing IRCC to grant the permanent resident visa) or dismiss it. If the appeal is dismissed, the sponsor may apply for judicial review in the Federal Court within 15 days, subject to leave being granted.