Spousal Sponsorship Appeal Refusal – What Are Your Options?


Nancy Elliott
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I applied to sponsor my husband and his application was refused by the Canadian Embassy in Hong Kong. I appealed this to the Immigration Appeal Division and I just received the decision which is again refusing the application. I have been told I can appeal to the Federal Court. Is this possible?
It is possible to apply to the Federal Court for judicial review of the decision of the Immigration Appeal Division, however, this is not a full appeal. The Federal Court’s jurisdiction is limited to determining whether the Immigration Appeal Division made an error or acted contrary to principles of fairness when it rendered its decision, for example an error of fact, error of law, error of jurisdiction or denied you procedural fairness in rendering its decision. The judicial review process is very different from an appeal, and you are not able to provide new evidence to support your case or provide verbal testimony. The application is done on the basis of the written reasons of the Immigration Appeal Division, and the documentary evidence previously submitted at your appeal hearing. You have only 15 days from the date of receiving the decision to file an application for judicial review, so you must have a lawyer review the decision with you right away to decide whether you have grounds to apply.

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ABOUT THE AUTHOR
Nancy Myles Elliott is a business person and lawyer, focusing on solutions for individuals and companies seeking to invest or relocate in Canada. Ms. Elliott leads her own law firm, focusing on immigration and citizenship law, as well as advising on corporate legal matters relevant to new immigrants.
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