Appealing an Out of Canada Spousal Sponsorship Refusal to the Immigration Appeal Division (IAD)
If your spousal sponsorship application has been refused while you are outside of Canada, you have the right to appeal the decision to the Immigration Appeal Division (IAD).
The IAD is an independent tribunal that reviews sponsorship appeals and makes decisions based on the evidence presented.
The appeal process is adversarial, which means there will be a lawyer representing the Minister of Citizenship and Immigration Canada, who will argue against your appeal. It’s important to have a spousal sponsorship lawyer on your side who is experienced in these types of hearings, as they are more qualified to present your case in front of the IAD.
To start the appeal process, you must file a Notice of Appeal with the IAD within 30 days of receiving the refusal letter. This notice must include the grounds for your appeal and the reasons why you believe the refusal was wrong.
After submitting the Notice of Appeal, the IAD will provide you with a date for the appeal hearing. At the hearing, you will have the opportunity to present new evidence and arguments to support your case.
The Minister’s lawyer will also have the chance to cross-examine your witnesses and challenge your evidence.
Once the hearing is completed, the IAD will make a decision based on the evidence presented. The decision may take several months to be released, and it can be either to allow or dismiss your appeal.
It’s important to note that the IAD will only consider new evidence that was not available at the time of your initial application. If you have new evidence to present, it’s crucial that you provide it to your spousal sponsorship lawyer as soon as possible, so they can help you determine if it’s relevant to your case.
In conclusion, appealing an out of Canada spousal sponsorship refusal to the IAD can be a complex and challenging process.
Having a spousal sponsorship lawyer by your side who is experienced in these types of hearings can greatly increase your chances of success. They can help you navigate the process, prepare your case, and represent you at the hearing to ensure the best possible outcome for your situation.