Family Class Appeals

Key Steps in the IAD Appeal Process

• Step 1: Filing the Notice of Appeal: Sponsors must file a Notice of Appeal with the IAD within 30 days of receiving the refusal decision.

• Step 2: Appeal Record: After filing, the Minister’s counsel provides an Appeal Record within 60 days. This record includes critical documents such as the refusal letter, GCMS notes, and materials from the original application.

• Step 3: Disclosure of Evidence: During this stage, we thoroughly review the Appeal Record, gather new evidence, and develop a robust case strategy. This includes addressing legal or procedural errors, bolstering the merits of your case, and, if applicable, requesting H&C exemptions. The Disclosure of Evidence must be submitted within 60 days.

• Step 4: Informal Resolution: Some cases may involve an Early Resolution Officer or an Alternative Dispute Resolution meeting to resolve the appeal without a formal hearing.

• Step 5: Notice to Appear: If informal resolution is unsuccessful, the IAD schedules a hearing and issues a Notice to Appear.

• Step 6: Oral Hearing: The oral hearing includes the sponsor, their lawyer, the principal applicant, any witnesses, the Minister’s counsel, and the IAD Board Member, who acts as the decision-maker. The oral hearing will unfold as follows:

  • Sponsor’s Testimony: The sponsor testifies first, answering open-ended questions from their lawyer, followed by cross-examination by the Minister’s counsel. The sponsor’s lawyer may then ask further questions to clarify or address any points raised by the Minister.

  • Principal Applicant’s Testimony: This follows the same process as the sponsor’s testimony.

  • Witness Testimony (if applicable): Witnesses also testify under the same procedure.

  • Closing Arguments: Both sides summarize their evidence and arguments.

• Step 7: Decision by the IAD Board Member: The IAD Board Member reviews the evidence and issues a decision, either immediately or within 60 days—possible outcomes include:

  • Appeal Allowed: The refusal is overturned, and IRCC resumes processing the sponsorship application until permanent residence is granted to the family member.

  • Appeal Dismissed: The refusal is upheld. The sponsor can challenge the reasonableness or fairness of the IAD’s decision by seeking Leave and Judicial Review at the Federal Court of Canada.