After you file an IAD sponsorship appeal: what happens and when

Filing the notice of appeal is only the first step. Most of the work, and most of the deadlines, come after it. This guide walks through what the Immigration Appeal Division (IAD) says happens next in a sponsorship appeal, where you are the sponsor and your family member’s permanent residence visa application was refused.

It is general information, not legal advice. Your own letters from the IAD set your actual dates, so read each one as soon as it arrives.

The IAD must receive your notice of appeal, a copy of the refusal letter and a copy of the officer decision notes (if you got them) within 30 days of receiving the refusal letter. You can add other documents if you have them. For example, if the refusal says a document was missing and you have it now, you can send it with the notice.

From this point on, keep your contact details current with the IAD. If you or your counsel do not respond to a communication from the IAD, the IAD can dismiss the appeal or declare it abandoned. That ends the appeal, and the refusal stands.

If you have a representative, tell the IAD who they are. Paid counsel must belong to a Canadian law society, the Chambre des notaires du Québec or the College of Immigration and Citizenship Consultants. If someone represents you without a fee or any other form of compensation, a separate notice is used. An unpaid representative cannot also be a witness at the hearing.

After it receives your notice, the IAD asks the Minister to send the information in your sponsorship file. This is the appeal record. The Minister has 60 days to send it to you and to the IAD.

Read it closely. It contains the reasons your application was refused and other information the officer relied on. It is also part of the evidence. It often shows exactly which concerns your own evidence needs to answer.

The Minister is represented at the appeal by an officer of the Canada Border Services Agency, called Minister’s counsel.

You, as the appellant, must prove that the decision should change. The evidence comes from what you and your witnesses say at the hearing and from the documents you file. Filing your documents with the IAD and with Minister’s counsel is called disclosure.

The IAD and Minister’s counsel must receive your disclosure no later than 60 days after you received the appeal record. The IAD sends a letter confirming your due date. If you need more time, you should ask and explain why.

Three rules are worth knowing:

An Early Resolution Officer (ERO) is an IAD employee. They may contact you or your representative to discuss the case and find out whether it can be resolved without an oral hearing. They do not give legal advice.

Some appeals are scheduled for an alternative dispute resolution (ADR) conference. It is an informal meeting between you, Minister’s counsel and an ERO to clarify the issues and see whether both sides can agree on an outcome. The IAD says ADR is suggested only for appropriate cases. If the appeal is resolved there, no hearing is needed, and you receive a decision confirming it.

If you represent yourself, or have an unpaid representative, you are invited to a virtual preparation meeting with an ERO, after watching an IAD video. The ERO explains the next steps and answers questions.

If the appeal is not resolved earlier, it goes to a hearing before an IAD member. Most immigration appeal hearings are open to the public, and information used in your appeal can appear in the written decision, which may be published. The IAD can keep details private only through a confidentiality order, granted in exceptional circumstances such as a risk to someone’s safety.

What happens at the hearing is explained on our sponsorship appeals page.

Sometimes the member decides at the end of the hearing and tells both sides right away. The decision is then put in writing and sent to you.

If the appeal is not decided at the hearing, the case is reserved: the member considers the evidence afterwards and writes the decision. The IAD says this usually takes no more than 60 days.

A dismissed appeal can sometimes be taken to the Federal Court for judicial review. The IRB says the application should be made within 15 days of being notified of the IAD’s decision. The court may refuse permission to proceed or send the case back to the IAD to be heard again. Because this deadline is short, speak to a lawyer as soon as you read the decision. See Federal Court judicial review.

Adding up the deadlines above does not give a total. They are maximums and starting points, and hearing dates depend on the IAD’s schedule.

An appeal of a removal order also starts with a notice of appeal that the IAD must receive within 30 days of your receiving the order. See removal order appeals.

Manny Hundal is a Barrister & Solicitor. His practice is focused on immigration law, and he represents sponsors at the IAD. He can read your refusal letter, tell you whether you can appeal, and work through these steps with you. Consultations are available in English, Punjabi and Hindi. No lawyer can promise a result.