Sponsorship appeal lawyer in Brampton
Deadlines
Appeals and court reviews have short deadlines, often 15 to 60 days from the day you receive the decision. Call early.
Updated
The short answer
Did IRCC refuse to let your spouse, partner, parent or child come to Canada? As the sponsor, you can often appeal to the Immigration Appeal Division (IAD). The IAD must receive your notice of appeal within 30 days after you get the decision. At the appeal, a lawyer can argue the refusal was wrong. In many cases, a lawyer can also ask the IAD to approve it on humanitarian and compassionate grounds, meaning for kind and fair reasons.
Who this is for
This page is for you if you sponsored a family member to live in Canada, and the application was refused. The refusal came from Immigration, Refugees and Citizenship Canada (IRCC). This page covers sponsoring a:
- spouse
- common-law partner or conjugal partner
- dependent child
- parent or grandparent
These are called “family class” sponsorships.
The appeal belongs to you, the sponsor. Your family member outside Canada cannot file it. The appeal goes to the Immigration Appeal Division (IAD). The IAD is part of the Immigration and Refugee Board of Canada, an independent tribunal.
An IAD member hears the evidence, listens to witnesses and decides the appeal. A government lawyer, called Minister’s counsel, argues the other side. They act for IRCC or the Canada Border Services Agency (CBSA).
This is a real hearing. People give evidence and answer questions from the other side. Lawyers make legal arguments. It is not a second application. Manny Hundal is a lawyer, called to the Ontario Bar in 2013. He represents sponsors at the IAD.
Common reasons for a refusal that leads to an appeal:
- The officer did not believe the marriage or relationship is real. Or the officer found it was mainly a way to get status in Canada.
- The sponsor did not earn enough income. This usually comes up for parents and grandparents.
- The sponsored person was found inadmissible, meaning not allowed into Canada. One example is for medical reasons.
- The officer found that a family member was left off an earlier application.
How it works
1. Read the decision and file the notice of appeal
The refusal letter should tell you if you have a right to appeal. The first step is a notice of appeal. You file it with the IAD, along with a copy of the refusal letter and any written reasons. Filing the notice starts the appeal. You do not need all your evidence yet.
2. The appeal record
Next, the government prepares the appeal record. This is the file the officer had. It includes the application, interview notes and the reasons for refusal. Both sides get a copy. The record often shows what the officer really relied on. That tells you what evidence you need.
3. Disclosure of evidence
Each side must file the documents it plans to use. Each side must also list the witnesses it plans to call. The IAD Rules set the time limits. Witness details must reach the IAD at least 30 days before the hearing. This includes a short summary of what each witness will say. Documents filed late may not be accepted.
4. Early resolution (ADR)
Some sponsorship appeals are chosen for an early resolution meeting. This is also called alternative dispute resolution (ADR). It is shorter and less formal than a hearing. It usually takes about an hour, usually by video. A neutral officer runs it.
If Minister’s counsel agrees the appeal should succeed, both sides sign an agreement. An IAD member then approves it. If not, the appeal goes to a full hearing. What is said at the meeting is usually kept private. But documents filed for it stay on the file.
5. The hearing
At the hearing, the sponsor gives evidence. The sponsored person usually gives evidence too, often by phone or video from outside Canada. Other witnesses, such as family members, may be called. Minister’s counsel can question everyone. Your lawyer then makes legal arguments.
Most hearings are open to the public. Decisions may be published. In rare cases, the IAD can order that some details stay private.
6. The decision
The IAD can allow the appeal. This usually sends the application back to IRCC to keep processing. Or the IAD can dismiss the appeal. If it is dismissed, you may be able to ask the Federal Court to review the decision. See Federal Court judicial review.
The grounds of appeal
There are two main grounds, or reasons, for an appeal. Many appeals argue both.
Legal validity
You argue that the officer got the law or the facts wrong, or that the process was unfair. For example, the relationship is real and the evidence shows it. Or the income was added up wrong.
Humanitarian and compassionate grounds
This means kind and fair reasons based on your situation. You may accept that the refusal was legally correct. Or you may use this as a backup in case the legal argument fails. Either way, you ask the IAD to let the appeal succeed anyway. This is called special relief. The IAD must consider the best interests of any child directly affected. Other factors include family ties, the hardship of being apart, and why the original problem happened.
There is an important limit. The IAD can only use humanitarian and compassionate grounds after it decides two things. First, the person you sponsored is in the family class. Second, you meet the rules to be a sponsor. In a relationship case, if the IAD finds the marriage is not real, humanitarian grounds cannot save the appeal.
When there is no appeal right
Not every refusal can be appealed to the IAD. The Immigration and Refugee Protection Act takes away the right to appeal in some cases:
- The sponsored person was found inadmissible for serious crime, organized crime, security reasons, or human or international rights violations.
- The refusal was for misrepresentation, meaning false or missing information. This rule does not apply if the sponsored person is your spouse, common-law partner or child.
- The application was made inside Canada under the “spouse or common-law partner in Canada class.” That is not a family class appeal.
A separate problem comes from section 117(9)(d) of the Immigration and Refugee Protection Regulations. It applies if you did not declare a family member, such as a spouse or child, when you immigrated, and that person was not examined. That family member is then usually excluded from the family class. The IAD cannot use humanitarian grounds for someone outside the family class. So these appeals usually turn on whether the exclusion really applies. Other routes may be needed instead, such as a humanitarian and compassionate application to IRCC, or a Federal Court review.
If there is no IAD appeal, you may still ask the Federal Court to review the decision. The deadline is 15 days or 60 days, depending on where the decision was made.
Deadlines
The law sets these deadlines.
Notice of appeal to the IAD
the IAD must receive it no later than 30 days after the day you get the officer’s decision. This is rule 16 of the Immigration Appeal Division Rules, 2022.
Witness details
at least 30 days before the hearing.
Federal Court review instead of an appeal
if there is no IAD appeal, you must file a leave application with the Federal Court. “Leave” means permission for the court to hear the case. The deadline is 15 days for a decision made in Canada, and 60 days for a decision made outside Canada (IRPA section 72). If an IAD appeal is available, you must use it first.
Evidence that matters
The evidence depends on why the application was refused. For most appeals, expect to gather:
- the refusal letter, the officer’s reasons and the appeal record
- proof of the relationship over time: photos, messages and call history, travel records, visits, and wedding or ceremony evidence
- proof of shared money, support sent abroad and future plans
- statements from family members who know the relationship
- for income refusals, tax assessments and proof of current income
- for humanitarian grounds, proof of hardship, health, children’s needs and family ties in Canada
- corrected or new documents that answer each concern the officer raised
You can usually file evidence at the IAD that the officer never saw. This is one of the main differences from a Federal Court review.
Common problems
Missing the 30 days. The deadline starts when you receive the decision. It does not wait until you find a lawyer.
Stories that do not match. Many relationship appeals depend on whether the sponsor and the sponsored person tell the same story. This includes how they met, the wedding and daily life. Differences hurt your credibility, even honest ones.
Relying on the original application. The appeal is your chance to fix what the officer found weak. Sending the same evidence again rarely changes the result.
Assuming humanitarian grounds will work. The IAD decides them case by case. They depend on the evidence you give.
How Manny helps
- He reviews the refusal and tells you if you can appeal to the IAD. If not, he explains what route is open.
- He files the notice of appeal before the deadline.
- He reviews the appeal record and finds what the officer relied on.
- He builds the evidence and files your documents and witness list on time.
- He represents you at any early resolution meeting.
- He prepares you, your family member and your witnesses to give evidence. He represents you at the hearing, including questioning and legal argument.
Consultations are available in English, Punjabi and Hindi. This page is general information, not legal advice. No lawyer can promise a result.
Frequently asked questions
Only the sponsor can file. The sponsor is the Canadian citizen or permanent resident who signed the sponsorship promise for a family member. That family member applied from outside Canada under the family class. This includes a spouse, common-law partner, conjugal partner, dependent child, parent or grandparent. The person you sponsored cannot file the appeal. But they usually take part as a witness, often by phone or video from outside Canada. If the application was made inside Canada under the spouse or common-law partner in Canada class, there is no IAD appeal. In that case, the usual route is a Federal Court review, and the deadline is 15 days. Some family class refusals also have no appeal right, such as refusals for serious crime. Check your refusal letter and get advice quickly. The 30-day deadline for the notice of appeal does not wait.
The Immigration Appeal Division must receive the notice of appeal no later than 30 days after the day you get the officer’s decision. This comes from rule 16 of the Immigration Appeal Division Rules, 2022. The IAD must receive it in time. Sending it is not enough, so leave time for delivery. You do not need all your evidence to file the notice. The evidence comes later, by dates the IAD sets. If you are close to the deadline, file the notice first and build the case after. If you have already missed it, speak to a lawyer right away. The IAD Rules let a party ask for more time in some cases. But you should never count on it.
A member of the Immigration Appeal Division hears the case. You, the sponsor, give evidence under oath or affirmation, meaning a promise to tell the truth. The person you sponsored usually gives evidence by phone or video. Other witnesses, such as parents or siblings, may be called. Minister’s counsel, the government’s lawyer, can question every witness. Your lawyer asks questions to bring out the evidence and objects when needed. At the end, your lawyer makes legal arguments. The member may also ask questions. Hearings are usually held by video. Sometimes the decision is given at the end of the hearing. Other times it is sent in writing later. Preparation matters a lot. Many appeals depend on credibility, and on whether witnesses give answers that match and have detail.
Often, yes. The IAD can allow an appeal for humanitarian and compassionate reasons, meaning kind and fair reasons based on your situation. It must take into account the best interests of any child directly affected. This can help even when the refusal was legally correct. For example, a sponsor may have earned a little less than the income rule, but the family situation is very strong. There is a limit. The IAD can only look at humanitarian grounds after it decides two things. The sponsored person must be in the family class. And the sponsor must meet the sponsorship rules. If the IAD finds a marriage is not real, humanitarian grounds are not available. The same is true if the person is excluded under section 117(9)(d).
Yes, in most cases. The refusal is usually under section 4 of the Immigration and Refugee Protection Regulations. This is where an officer finds the relationship is not real, or was mainly a way to get status. The sponsor can appeal this to the IAD. The IAD hears the case fresh. You can file new evidence, and both of you can give evidence. The IAD looks at the whole history of the relationship. This includes how you met, the wedding, time together, how you keep in touch, and your plans. The IAD cannot use humanitarian grounds if it finds the marriage is not real. So the appeal usually depends on credibility and evidence. Preparing both spouses to give evidence is often the most important part of the work.
Section 117(9)(d) of the Immigration and Refugee Protection Regulations excludes a family member from the family class in one situation. It applies if you did not declare them when you applied to immigrate to Canada, and they were not examined. For example, a spouse or child was left off your own permanent residence application. You can file an appeal. But the IAD cannot use humanitarian and compassionate grounds for someone outside the family class. So the appeal usually depends on whether the exclusion really applies. For example, did an officer decide the person did not need to be examined? If the exclusion does apply, other routes may be more realistic. These include a humanitarian and compassionate request to IRCC, or a Federal Court review.
You are allowed to represent yourself at the IAD. Licensed immigration consultants can also appear there. But a sponsorship appeal is a hearing where the other side argues against you. The government has its own lawyer, who questions witnesses and argues the other side. A lawyer can find the legal issues and choose which evidence and witnesses to use. A lawyer can also prepare witnesses, object to unfair questions and argue the law. If the appeal fails, a lawyer can take the case to the Federal Court. A consultant cannot do that. Manny Hundal is a lawyer called to the Ontario Bar in 2013. His practice is focused on immigration law.
If the IAD dismisses the appeal, you can ask the Federal Court to review the IAD’s decision. First you need the court’s permission, called leave. You must file the leave application within 15 days, because an IAD decision is made in Canada. The Federal Court does not hear the appeal again. It checks whether the IAD’s decision was reasonable and fair. If it finds an error, it usually sends the appeal back to a different IAD member to hear again. Depending on the reasons, you may also be able to apply to sponsor again. But some situations limit this. Get advice on the IAD’s reasons quickly, because 15 days is short.
This page is general information, not legal advice about your situation.