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.
Spousal Sponsorship Appeal
The Minister of Immigration, Refugees and Citizenship Canada will produce the appeal record within 120 days from the date the request of the appeal was received. The hearing of these appeals is done with speed so that applicants may receive quick results. If the Immigration Appeal Division feels does not feel the relevance of 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 scheduling of the Alternative Dispute Resolution (ADR) may take roughly around 3-6 months. The applicant’s lawyer can also ask for ADR if they want the proceedings to be held without formal hearing.
If the ADR is found to be not suitable to deal with the case, an appeal is responded with a formal hearing on the basis of which the Immigration Appeal Division determines if the appeal has to be accepted or denied. Once the appeal is accepted, the application process will be advanced further by Immigration, Refugee and Citizenship Canada. The scheduling of a formal hearing can take almost around 1 year.
Appeals should always be made when you are quite sure that you have a documents or verifiable proof to address the objections raised against you.
In case, any applicant does not want to appeal before the IAD, they can also re-apply for Spousal Sponsorship. Your re-application must include explanation for the objections that were raised against you earlier. The re-application needs to be done to explain the incongruities left in the earlier file. Re-applying is a faster process than making an appeal.
Spousal Sponsorship can be best handled by an experienced lawyer who would understand the nitty-gritties of the Canadian law and ensure that every little step in taken in the right direction and at the right time. You can feel utterly lost without a professional guidance when it comes to legal issues. Whether you want to re-apply or make an appeal, it is always better to hire a professional assistance for a meticulous submission and representation.
Spousal Sponsorship Appeal Refusal
In case you face refusal on your Spousal Sponsorship appeal, you can make an appeal to the Federal Court of Canada. The Immigration Appeal Division (IAD), Refugee Appeal Division (RAD) and Federal Court of Canada are recognized bodies to hear appeals on issues related to immigration, such as issuance of removal order, a sponsorship application getting rejected, residency obligation violation, or problems related to errors in application forms leading to their rejection. This is called a Judicial Review and is very different from an appeal.
In a Judicial review, you cannot submit new evidence to the court. The IAD submits a report and you are supposed to argue against it. A Judicial Review has to be filed within 15 days from the date you received a decision on your spousal sponsorship application.
The responsibility of granting or refusing visa does not lie with the Federal Court but it takes the crucial decision on the authenticity of an immigration officer review as per the Canadian Immigration Laws. Whenever a decision of an immigration officer is found wrong, the case is sent to be re-evaluated by a different immigration officer. However, if the Court agrees with the immigration officer’s decision, you will have to stick with the final stance of the Court.
It is always better to hire an immigration lawyer for smooth processing of the application (or the review).