My application to sponsor my relative was refused. What can I do?
Question & AnswerMy application to sponsor my relative was refused. What can I do?
5. Go to your appeal hearing
If you don't go to your hearing with the Immigration Appeal Division (IAD), they can decide that you've abandoned your appeal. This means that they think you don't want to appeal the refusal of your sponsorship application. This ends your appeal.
If you missed going to your appeal hearing, get legal help right away to find out if there's anything you can do.
What happens at your hearing
The person in charge of the hearing is the IAD member. They decide your appeal based on the at the hearing.
Immigration, Refugees, and Citizenship Canada (IRCC) has a representative there, called the Minister’s Counsel. If you have an authorized representative, such as a lawyer, they speak on your behalf.
Both you and the Minister's Counsel can bring witnesses to give evidence at the hearing. You're usually the first witness.
The Minister's Counsel can ask the witnesses questions. The IAD member can also question witnesses.
You can explain to the IAD member why you think your or should be sponsored for status. The Minister's Counsel can say why they think that IRCC made the correct decision when they refused the application.
Getting a decision
The IAD member may make a decision at the end of the hearing. Or, they may send a written decision by mail, usually within 60 days.
The IAD member can:
- allow your appeal, which means that IRCC continues to process your relative or family member's application for permanent resident status, or
- dismiss your appeal, which means that the sponsorship application is refused.
If the IAD dismisses your appeal
You have to apply to the Federal Court within 15 days of getting the IAD's decision. So get legal advice as soon as you get the decision.