If your family (Parent/Grandparent) or Spouse Sponsorship application for permanent residence was refused, you can appeal the decision to the Immigration Appeal Division (IAD) with an explanation as to why the application should be accepted. The appeal can be made to the IAD within 30 days of receiving the refusal letter.
Who can appeal?
You can appeal to the IAD if you are a permanent resident or Canadian citizen who made an application to sponsor a family member (Parent/Grandparent) or spouse/common-law partner to immigrate to Canada and the visa application was refused by Immigration, Refugees and Citizenship Canada (IRCC).
Who cannot appeal?
You cannot appeal to the IAD if the family member you sponsored was found inadmissible to Canada due to:
- Misrepresentation (unless the person you sponsored is your spouse, common-law partner or child)
- Serious criminality, which is defined as having:
- been punished in Canada by a sentence of six months or more of imprisonment, or
- been convicted of an offence outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years, or
- committed an act outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years.
- An organized crime
- Violations of human or international rights, or
- Security grounds