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Immigration pathway

Sponsorship Refusals and Appeals

Review the refusal, appeal rights and deadlines before choosing an Immigration Appeal Division appeal, reapplication or judicial review.

Refusal or appeal
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Overview

Understand the pathway before you act.

Eligibility, timing, evidence and risk should be assessed together before an application or response is prepared.

A sponsorship refusal should be reviewed promptly because the available process depends on the relationship category, the applicant’s location, the refusal ground and who has the right to bring the proceeding.

Sponsorship appeals

For eligible family-class refusals, the sponsor may have a right of appeal to the Immigration Appeal Division. The notice of appeal and refusal letter generally must be received within 30 days. Some inadmissibility findings restrict appeal rights.

Reapplication or judicial review

An appeal is not available for every sponsorship refusal. A reapplication may be appropriate where the record can be materially improved. Judicial review may be considered where there is an arguable legal, reasonableness or fairness issue.

Preparing the record

Relationship history, prior statements, interview evidence, sponsor eligibility, admissibility issues and humanitarian considerations may all matter. New evidence should be organized around the actual refusal ground.

How Beyond Borders Law can help

  • Review the refusal and identify available proceedings.
  • Protect an applicable notice-of-appeal or court deadline.
  • Prepare selected sponsorship appeals, reapplications or judicial reviews.
  • Coordinate procedural, admissibility and relationship evidence.

Gather the refusal letter, complete application, interview or procedural correspondence, relationship evidence and the date the refusal was received.

This guide provides general information. An inquiry does not create a lawyer-client relationship. Advice and representation begin only after the firm confirms scope and a retainer is completed.

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