Sponsorship Appeal Process

  • Page Views 606
  • If Citizenship and Immigration Canada (CIC) has refused the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, the sponsor may appeal to the Immigration Appeal Divisiom (IAD) of the Immigration and Refugee Board of Canada (IRB).

    Note: A sponsor may not appeal if the family member is inadmissible to Canada because of:

    • a serious criminal offence punished in Canada by a term of imprisonment of two years or more
    • involvement in organized crime
    • security grounds
    • violations of human or international rights, or
    • misrepresentation (unless the person is the sponsor’s spouse, common-law partner or child)

    The sponsor has 30 days after the refusal to appeal to the IAD. Some sponsorship appeals go through an informal alternative dispute resolution (ADR) process. In most cases, a member (decision-maker) will hold a hearing of the appeal according to the IRB tribunal process. The appeal process involves two parties: the appellant and Minister’s counsel who represents CIC. The process also usually public, so media or members of the public may attend or report on the proceedings.

    If the appeal is allowed and the original decision is set aside, CIC will resume processing the sponsorship application. CIC is bound by the IRB’s decision. However, it is possible for CIC to refuse the application on other grounds, and this may also be appealed to the IAD.

    Either the Minister of Citizenship and Immigration or the sponsor may apply to the Federal Court of Canada for leave, or permission, for judicial review of the IRB’s decision. The Federal Court of Canada will either dismiss the application or return the case to the IAD for re-hearing.

    What is alternative dispute resolution?

    The IAD may suggest that the appeal be decided through alternative dispute resolution (ADR). ADR is only suggested for appropriate cases. This process means that the sponsor and the Minister’s counsel will sit down with a dispute resolution officer (DRO), assigned by the IAD, to discuss the case. The DRO will help clarify the issues in the case and encourage both sides to agree on a decision. If ADR is successful, there is no need for a hearing.
    ** Strictly taken from www.cic.gc.ca

     

     

    A Canadian Certified Immigration Consultant, Certified Senior Advisor and a Notary Public in the City of Burnaby, Editha Corrales Nelson’s preferred areas of practice are Powers of Attorney, Wills Preparation, International Legal Documents, Name Changes, Affidavits, Letters of Invitation, Statutory Declarations, Drafting of Business Contracts and other notarial services.  For an appointment, please call:  604-777-2757.

     

    The following should not be construed as providing legal advice and information in this column is intended only as a general guide and should not be applied to specific circumstances without further consultation.  For more information on the subject, contact Editha Corrales Nelson at 604-777-2757 or email:  corrales@shaw.ca.

    Share

    New Posts Recently publish post More

    • 16 September 2018
      4 days ago No comment

      MOSAIC’s statement on Shen murder case

      Vancouver, BC – In response to calls from media seeking comment about the Shen murder suspect’s immigration status, Olga Stachova, Chief Executive Officer has released the following statement on behalf of MOSAIC (Multilingual Orientation Services Association for Immigrant Communities). As with all Canadians, the thoughts of MOSAIC staff are ...

    • 16 September 2018
      4 days ago No comment

      No kid gloves

      It’s alarming. The number of young people dying in Canada has risen in the last few years, and not because of illness, but pure and simple neglect by the government. Canada’s reputation in the world as a healthy place to raise children is belied by statistics showing high rates ...

    • 16 September 2018
      4 days ago No comment

      New Surrey LRT

      Better transportation for everyone in Surrey is one step closer to reality. Last week, the Surrey-Newton-Guildford Light Rail Transit (SNG LRT) Project reached a critical milestone with the formal approval of the Business Case by the governments of Canada and B.C. The Project is now fully approved and fully ...

    • 16 September 2018
      4 days ago No comment

      Rotary Club Vancouver Mountainview leads Community Service

      Rotary Club Vancouver Mountainview held a community service for the residents of the Banfield Pavilion of the Vancouver General Hospital last August 10 entitled the Banfield Pavilion Carnival. The carnival was attended by the residents and their families, and the Rotary Club treated them to fun games and carnival ...

    • 16 September 2018
      4 days ago No comment

      Duterte bares ouster plot by Trillanes and other foes

      Philippine President Rodrigo Duterte revealed on September 11 an alleged plot to topple his government. Vowing to prove that the destabilization plot against his administration is actually true, Duterte said that he has evidence that point to his political opponents, the communists, and the Magdalo Group of Senator Antonio ...

    %d bloggers like this: