Can You Appeal a Spousal Sponsorship Application Refusal?
Spousal sponsorship is a popular way for Canadians and permanent residents to reunite with their spouses or partners who are living abroad. However, not all sponsorship applications are successful. If your spousal sponsorship application is refused, you may wonder if you have any options to appeal the decision. In this article, we will explore the process of appealing a spousal sponsorship application refusal.
Out of Canada Spousal Sponsorship Refusals
If your spouse or partner is living outside of Canada and your spousal sponsorship application is refused, you have the right to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). The IAD is an independent tribunal that hears appeals on immigration matters.
To appeal a spousal sponsorship application refusal to the IAD, you must file a Notice of Appeal with the IAD within 30 days of receiving the refusal letter. The Notice of Appeal must explain why you believe the decision to refuse your application was wrong.
Once your appeal is received by the IAD, a hearing will be scheduled. At the hearing, you and your sponsor will have the opportunity to present evidence and arguments to support your case. The IAD will then make a decision based on the evidence and arguments presented.
In-Canada Spousal Sponsorship Refusals
If your spouse or partner is living in Canada and your spousal sponsorship application is refused, the process is different. In Canada, spousal sponsorship applications can only be judicially reviewed in the Federal Court of Canada. A judicial review is a process where a court reviews a decision made by a government agency or tribunal to determine if it was made in accordance with the law and the principles of natural justice.
To request a judicial review of your spousal sponsorship application refusal, you must file an Application for Leave and Judicial Review with the Federal Court of Canada within 15 days of receiving the refusal letter. The Application for Leave must explain why you believe the decision to refuse your application was wrong.
If your Application for Leave is granted, a hearing will be scheduled. At the hearing, you and your sponsor will have the opportunity to present evidence and arguments to support your case. The court will then make a decision based on the evidence and arguments presented.
Conclusion
If your spousal sponsorship application is refused, you may have options to appeal the decision. If your spouse or partner is living outside of Canada, you can appeal the refusal to the Immigration Appeal Division of the Immigration and Refugee Board. If your spouse or partner is living in Canada, you can request a judicial review of the refusal in the Federal Court of Canada. It’s important to note that these processes have strict timelines and requirements, and it’s highly recommended to seek the advice of a spousal sponsorship lawyer to guide you through the appeals process.