Who can appeal?
You can appeal to the IAD if you are a permanent resident or Canadian citizen who made an application to sponsor a family member to immigrate to Canada and the visa application was refused by Immigration, Refugees and Citizenship Canada (IRCC).
Who cannot appeal?
You cannot appeal if the person you sponsored was found inadmissible to Canada because of:
- Serious criminality, which is defined as having:
- been punished in Canada by a sentence of six months or more of imprisonment, or
- been convicted of an offence outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years, or
- committed an act outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years.
- Organized crime
- Security grounds
- Violations of human or international rights, or
- Misrepresentation (unless the person you sponsored is your spouse, common-law partner or child)
How to start an appeal
You have 30 days after receiving the refusal letter to appeal to the IAD.