If my application to sponsor a family member is refused, do I have a right to appeal?
Yes, in most family class sponsorship cases, you have the right to appeal a refusal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. The IAD can hear appeals on the merits — it can receive new evidence and make its own determination — as well as on humanitarian and compassionate grounds. This is broader authority than Federal Court judicial review, which is limited to legal errors.
The notice of appeal must typically be filed within 30 days of receiving the refusal decision. Missing this deadline will normally bar the appeal, so it is critical to act quickly once a refusal is received.
Not all family class refusals carry appeal rights. If the sponsored person was found inadmissible for serious criminality or security reasons, the right of appeal may be restricted. Additionally, if the sponsor is a permanent resident (not a citizen), there are circumstances where appeal rights differ. Check the refusal letter carefully to understand whether an appeal is available and within what timeframe. An immigration lawyer can assess the refusal letter, evaluate your prospects on appeal, and help you decide whether to appeal or reapply.
Key takeaways
- Most family class sponsorship refusals can be appealed to the Immigration Appeal Division
- The IAD can consider new evidence and humanitarian grounds — broader than Federal Court review
- The appeal deadline is typically 30 days from the refusal — act immediately
- Some inadmissibility findings (serious criminality, security) may limit or remove appeal rights