The Immigration Appeal Division (IAD) hears and decides appeals on immigration matters such as appeals from refused sponsorship applications.
A sponsored application for permanent residence in Canada may be refused for various reasons including financial, criminality, health grounds, misrepresentations and non-compliance with the Immigration and Refugee Protection Act.
Spousal sponsorship appeals often involve the issue of whether the relationship is genuine or whether the primary purpose of the relationship was for immigration purposes. The IAD considers a number of factors in coming to this determination.
In most cases, there is an opportunity to resolve the appeal prior to a formal hearing at an Alternative Dispute Resolution (“ADR”) Conference. At the ADR Conference (an informal in person meeting), the Canadian sponsor will given an opportunity to convince Minister’s Counsel that the relationship is genuine and not primarily for immigration purposes. In the event that the outcome of the ADR is favourable, there will not be a formal hearing of the appeal. In the event the appeal is not settled at the ADR Conference, the sponsor can still proceed to the formal hearing of the appeal. The appeal hearing is a hearing de novo which means that the IAD will consider both the evidence that was before the Visa Officer and any new evidence to support the genuineness of the marriage. The IAD will want to hear testimony from both the Canadian sponsor and the sponsored spouse. The sponsored spouse gives testimony by way of teleconference.
We give you advice and help you prepare for the ADR and if necessary the appeal hearing. We help you obtain evidence to establish the genuineness of the relationship. We prepare you and your spouse to give oral testimony at your hearing. We conduct legal research to find case law to support your case. We make sure the ADR and the appeal hearing is fair. We make submissions on your behalf. We put the time and effort into your case to give you the best possible chance of success on your appeal.
Regulated Canadian Immigration Consultant Mary Zhang at MaxCan Immigration in Markham, Ontario has the experience and the determination to represent your case the Immigrant Appeal Division.