When you Spousal Sponsorship Application is refused, you are informed through a letter that also indicates that you can appeal against the decision before the Immigration Appeal Division (IAD). Since this appeal is time-bound, it has to be filed within 30 days from the day the refusal letter was received.
The hearing of these appeals is done with exceptional agility and speed so that applicants may find quick resolutions to their problems. Moreover, in cases where the Division feels that there is no need to wait for a formal hearing, the case is instantly forwarded to Alternative Dispute Resolution (ADR) which involves the applicant arguing for his/her case informally to the Member of the Immigration Appeal Division and the Minister’s counsel. The applicant’s lawyer can also ask for ADR if they want the proceedings to be held without formal hearing. At an ADR Conference, the Board will decide if there is a further need for a formal hearing.
In case the ADR is not schedule or is found to have not yielded any results, a formal hearing is scheduled. When formal hearing is scheduled, the applicant must submit a disclosure document to the Immigration Appeal Division about the ongoing status of the applicant’s relationship with the sponsor within 20 days prior to when the hearing is scheduled.
During the hearing, the applicant can represent himself/herself or ask a lawyer to do so. There are questions asked and such hearings can be done over the phone also. If the Division and the Minister’s counsel concur with the statements made by the applicant/sponsor, they will ask the applicant to proceed with their application A written communication is also sent.
However, there are certain grave cases where the rejection of an application cannot be revoked. Since national security and individual security of all Canadians is the prime responsibility of the Canadian government, no such application can move further where the government feels national threat to its security; or cases where the applicant has been involved in serious crime, human rights violation, or other forms of deviation from law.
All applicants need to understand that all sponsorship applications cannot be appealed. One can consider to re-apply also. That completely depends on the reasons of your refusal and the number of documents you have to support your claims. Legal aid is advised in all such matters.