If your permanent
residence (PR) application is refused, you do not always have a
right of appeal. A true “PR appeal” usually means an appeal to the Immigration
Appeal Division (IAD) of the Immigration and Refugee Board. The most common
PR refusal that can be appealed is a family sponsorship refusal.
If you do not have an appeal
right, the remedy is often Federal Court judicial review instead.
1) When a PR refusal can
be appealed to the IAD
Under IRPA, a person who
sponsored a foreign national as a member of the family class may appeal
a refusal to issue the sponsored person a permanent resident visa.¹
Most often, this applies to:
- Spouse or common-law partner sponsorship
refusals
- Dependent child sponsorship refusals
- Other family class sponsorship refusals
(depending on facts and eligibility)
The IAD also hears other
types of appeals (like certain removal order appeals and residency obligation
appeals), but for PR refusals, the key appeal is usually the sponsorship
appeal.²
2) Why a PR appeal is
different from judicial review
An IAD appeal is often more
flexible than judicial review because:
- You can usually provide new evidence that
was not in the original PR application.
- You can have witness testimony (including
the sponsor and other supporting witnesses).
- In some cases, the IAD can allow the appeal on humanitarian
and compassionate (H&C) considerations, depending on the type of
sponsor and the circumstances.
This is very different from
Federal Court judicial review, which generally focuses on legal error and
fairness and does not “redo” the PR application.
3) Strict deadline to
start an appeal
For a sponsorship refusal,
you generally have 30 days from the date your family member received the
refusal letter to file the appeal documents with the IAD.
Missing this deadline can
end the appeal option.
4) The IAD appeal process
While each case is
different, most sponsorship appeals follow this path:
- File the Notice of Appeal + a copy of the refusal letter.
- The IAD sets steps and timelines and may
schedule conferences or disclosure deadlines.
- You disclose evidence (documents, letters,
photos, records, etc.) and prepare witnesses.
- The IAD holds a hearing (in many cases) and
issues a decision.
An appeal may be allowed if
the IAD finds the refusal was wrong in fact or law, there was unfairness, or
(in some cases) H&C factors justify allowing the appeal.
5) Why legal
representation is strongly recommended
A PR appeal is a legal
proceeding with strict deadlines, evidence rules, and credibility issues.
Strong appeals usually depend on:
- Clear documentary evidence,
- Consistent testimony, and
- A well-prepared legal theory that addresses the
refusal reasons directly.
A&M Canadian Immigration Law Corporation assists
clients in Winnipeg and across Canada with PR sponsorship appeals at the IAD and with Federal Court judicial review where no appeal right exists.
If you received a PR refusal
and are unsure whether you should appeal or pursue judicial review, contact us
promptly—deadlines are strict.
