There are many issues involved in properly handling a Canadian immigration refusal. A qualified Canadian immigration lawyer should be able to assess your immigration application refusal and answer the following questions about your case:
If Citizenship and Immigration Canada (CIC) has refused the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, the sponsor may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
However,A sponsor may not appeal if the family member is inadmissible to Canada because of:
It is important that if your immigration application was refused, you act very quickly. There are strict appeal deadlines that must be noted in order to secure your rights. It is therefore important that you contact a qualified immigration law firm to quickly assess your case and outline your options without delay.
Your sponsor has only 30 days after the refusal to appeal to the IAD. Some sponsorship appeals go through an informal alternative dispute resolution (ADR) process. In most cases, a member (decision-maker) will hold a hearing of the appeal according to the IRB tribunal process. The appeal process involves two parties: the appellant and Minister’s counsel who represents CIC. Additionally, the process is usually public, so media or members of the public may attend or report on the proceedings.
If the appeal is allowed and the original decision is set aside, the CIC will resume processing the sponsorship application, as the CIC is bound by the IRB’s decision. However, it is possible for CIC to refuse the application on other grounds, and this may also be appealed to the IAD.
Either the Minister of Citizenship and Immigration or the sponsor may apply to the Federal Court of Canada for leave, permission, or judicial review of the IRB’s decision. The Federal Court of Canada will either dismiss the application or return the case to the IAD for re-hearing.
WHAT IS ALTERNATIVE DISPUTE RESOLUTION?
The IAD may suggest that the appeal be decided through alternative dispute resolution (ADR). ADR is only suggested for appropriate cases. This process means that the sponsor and the Minister’s counsel will sit down with a dispute resolution officer (DRO), assigned by the IAD, to discuss the case. The DRO will help clarify the issues in the case and encourage both sides to agree on a decision. If ADR is successful, there is no need for a hearing.
