Can you appeal a refused spousal sponsorship application? Certainly yes. However, where you appeal to depends on the type of application. If the application is done in Canada, then the appeal is to the federal court. If the application is outside of Canada, then the Immigration Appeal Division is the appropriate forum.

The difference is that appeals made to the federal court are not a full appeal but a judicial review. This means that the court will not substitute its decision with that of the immigration officer. The court will simply review the decision for legal error and if it finds there’s an error, it will take it back for redecision. An appeal to the immigration appeal division is a full appeal which is a ‘hearing de novo’ which means that they may issue their own decision. New evidence may be provided, and witnesses can testify to hearing before any new decision is rendered.

Matthew Jeffery | Immigration Lawyer Toronto
(416) 9443267 | [email protected]
https://www.matthewjeffery.com/
59 Berkeley St. Toronto
Ontario, M5A 2W5