Family Class Appeals

If your application to sponsor your family for immigration to Canada has been refused, you should consider filing an appeal with the Immigration Appeal Division (”IAD”) of the Immigration and Refugee Board of Canada. The Immigration Appeal Division can hear appeals sponsorship for visa refusals based on a number of issues:

REFUSALS ON THE BASIS OF INELIGIBLE SPONSORS

  • Sponsors are not in a genuine relationship to applicants (spousal sponsorships)
  • Sponsors do not meet financial qualifications (parental and other sponsorships)
  • Sponsors are in default of previous sponsorship undertakings
  • Sponsors do no reside or intend to reside in Canada
  • Other ineligibilities of Sponsors

REFUSAL ON THE BASIS OF INADMISSIBLE APPLICANT

  • Applicant is medically inadmissible (excessive demand)
  • Applicant is criminally inadmissible
  • Applicant is inadmissible on the basis of misrepresentation (spouse or child only)
  • Other bases for refusal

In general, if your case qualify for an appeal, you will have another opportunity to convince the Tribunal of the validity of your sponsorship application. You can also show how visa officer that refused your case made factual or legal errors. Finally, in most appeal cases you will also have an opportunity to make “humanitarian and compassionate” submissions to the Tribunal. This last consideration is very useful in cases where the sponsorship falls clearly outside the scope of the law, but where the family would suffer unusual and disproportionate hardship from the continued separation.

Immigration Assessment Recommendations from our Clients

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