Sponsorship appeals for refused family applications.

Who has appeal rights

• All Other Relatives sponsorship refusals are Family Class and can be appealed to the Immigration Appeal Division (IAD) under section 63(1) of IRPA
• Appeals are filed by the sponsor, not by the relative
• Section 64 of IRPA bars appeals when the applicant or sponsor is inadmissible for serious criminality (sentence of six months or more in Canada under s.64(2)), security grounds, organized criminality, sanctions, or human rights violations
• Misrepresentation refusals have no IAD appeal: under section 64(3) of IRPA, the misrepresentation appeal exception applies only to the sponsor’s spouse, common-law partner, or child, not to other relatives

The 30 day filing deadline

• Notice of Appeal must reach the IAD within 30 days of receiving the refusal decision and written reasons
• Filed by the sponsor, not by the sponsored relative
• Submitted to the IAD regional office serving your province of residence
• Late appeals require an extension request and are rarely granted

The IAD appeal process

The IAD conducts a de novo review: it can hear new evidence and reconsider the case fresh. Under the new IAD Rules 2022 (in force since January 14, 2023), the appeal moves through these stages:

• Notice of Appeal filed by the sponsor within 30 days
• Minister’s Appeal Record provided within 60 days (reduced from 120 days under the old Rules)
• Sponsor’s supporting documents disclosed within 60 days after receiving the appeal record
• Response evidence disclosed at least 30 days before the hearing
• Optional Alternative Dispute Resolution (ADR) conference
• Full hearing, often by videoconference
• Written decision typically issued 30 to 60 days after the hearing

Common refusal grounds

Most Other Relatives refusals fall into one of these categories:

• Disqualifying living relatives for the Lonely Canadian rule under IRPR 117(1)(h): any living spouse, common-law partner, child, parent, grandparent, orphaned sibling, orphaned niece, nephew, or grandchild blocks this category, regardless of the sponsor’s relationship with them
• Orphaned conditions not met under IRPR 117(1)(f): at least one parent still alive, parents missing or abandoned (not deceased), child over 18, or child married or in a common-law relationship
• No blood or adoption relationship: relatives by marriage (such as a spouse’s aunt or uncle) do not qualify under either category
• Income shortfall: failure to meet the LICO based minimum income for the three tax years before the application
• Inadmissibility of the relative (medical, criminal), subject to section 64 IRPA limits
• Sponsor ineligibility: default on a previous undertaking, social assistance receipt (other than disability), or criminal convictions
• Misrepresentation: no IAD appeal available for Other Relatives cases under s.64(3)

Living relatives and the Lonely Canadian rule

The single most common Lonely Canadian refusal is the existence of a disqualifying living relative. Federal Court of Appeal jurisprudence has narrowed the available defences:

• Bousaleh v Canada (2018), Federal Court of Appeal: officers do not assess whether the sponsor could realistically sponsor the existing relative; the officer only verifies that the relative exists
• Sendwa v Canada (2019), Federal Court of Appeal: the phrase “may otherwise sponsor” in IRPR 117(1)(h) refers strictly to the listed categories and not to a general assessment of sponsorship prospects
• Estranged relationships, geographic distance, or the relative’s ill health do not change the disqualification
• Adoption records, including sealed ones, can surface during background checks; an adopted-out sibling who is alive will disqualify the sponsor

For income shortfall refusals, the IAD may grant humanitarian and compassionate relief under s.67(1)(c) of IRPA, applying factors similar to those used in PGP income appeals.

Federal Court judicial review

• If the IAD dismisses the appeal, or if no IAD appeal is available (for example, in misrepresentation cases under s.64(3)), the sponsor may apply for leave to apply for judicial review at the Federal Court under section 72 of IRPA
• 15 day deadline for decisions arising in Canada; 60 days for decisions arising outside Canada
• The Court reviews whether the decision was reasonable or whether legal errors occurred; it does not reweigh the merits
• New evidence is not allowed; the Court reviews only the record before the decision maker
• If leave is granted, a full judicial review hearing follows
• The Court’s remedy is to order redetermination, not to substitute its own decision