If you are a permanent resident of Canada or a Canadian citizen, and your application to sponsor the immigration of a close family member to Canada has been rejected by CIC, then you may appeal (within 30 days after the refusal) to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).

The Process

• The appeal may go through an informal alternative dispute resolution (ADR) process.
• In most cases, a member will be holding a hearing of the appeal as per the IRB tribunal process.
• The appeal process includes the involvement of two parties: the appellant and the Minister’s counsel representing the CIC.
• The process is often public in order for the media to attend or report its on-goings.
• If it is concluded at the end of the hearing that the appeal be allowed, then the CIC will resume processing the sponsorship application.
• CIC though bound by the IRB’s decision, can refuse the application on other grounds by appealing to the IAD.
• If the sponsor is not satisfied with IRB’s decision, then the sponsor himself or the Minister of Citizenship and Immigration may apply to the Federal Court of Canada to allow a judicial review of the IRB’s decision.
• The Federal Court of Canada may either dismiss this application or grant a re-hearing.

Sometimes, for appropriate cases, the IAD may suggest deciding the appeal through Alternative Dispute Resolution (ADR). Under such circumstances, the sponsor and the Minister’s counsel have to permission to sit down with the pre-assigned Dispute Resolution Officer (DRO) by the IAD, to agree on a decision. If the matter is resolved like this, a hearing is not required.

As a sponsor, you may not appeal for a family member who is inadmissible to Canada due to the following reasons:

• Committing of a serious and punishable criminal offence and as a result of which, having served a term of imprisonment for two years or more.
• Participation in an organized crime
• Security grounds
• Human/international rights violation
• Misrepresentation