30days
Notice of appeal
Counted from the day the decision and reasons are received, not the date printed on them.
IAD Rules · Rule 16(a)
Sponsorship appeals to the IAD in Toronto
When IRCC refuses a permanent resident visa to a sponsored spouse, partner, child, parent or grandparent, the sponsor in Canada has 30 days to appeal to the Immigration Appeal Division. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, represents sponsors there.
- 30 days to file · Rule 16(a)
- ADR conference or hearing
- English and Russian
Free assessment
Tell us the day the refusal letter arrived and the reason it gives. We reply with whether the 30 days are still open.
Who holds the appeal right
IRPA section 63(1) gives the appeal to the sponsor; section 64 takes it away in four situations.
The appeal is open when
- IRCC refused a permanent resident visa to a sponsored family class relative;
- the sponsor in Canada files it, not the relative abroad;
- the ground is the relationship, an excluded relative, medical demand or income.
No appeal lies when
- the relative is inadmissible for security, rights violations or organized criminality;
- a crime was punished in Canada by six months or more in prison;
- the refusal is for misrepresentation, unless the relative is a spouse, partner or child (s.64(3)).
Three time limits a sponsor has to meet
Each is set by the Immigration Appeal Division Rules, 2022.
60days
Sponsor’s evidence
Documents and witness statement, counted from receipt of the appeal record.
IAD Rules · Rule 2630days before
Reply evidence
Documents answering the Minister’s evidence, before the date fixed for the proceeding.
IAD Rules · Rule 27The refusal ground decides what the appeal must prove
Relationship not genuine
Shown with messages over time, visit records, shared money and the testimony of both partners.
Relative never examined
Not declared when the sponsor immigrated; the appeal tests whether the exclusion applies.
Excessive medical demand
Answered with current medical reports.
Sponsor’s income or default
Answered with notices of assessment or proof a past undertaking was repaid.
How a sponsorship appeal moves
Four stages, each set by a numbered rule.
- 1FilingThe notice and the refusal reach the IAD within 30 days.
- 2The officer’s fileThe Minister sends the appeal record within 60 days of the request (Rule 22(a)).
- 3DisclosureThe sponsor files evidence; the Minister may reply with its own.
- 4ADR or hearingThe Division may first require informal resolution (Rule 64).
Two questions the Division answers
1
Was the refusal correct?
If the officer erred in law or fact, the appeal is allowed.
2
Is special relief warranted?
Section 67(1)(c) lets the Division weigh humanitarian grounds and a child’s best interests. Section 65 bars this when the relative is outside the family class, as after a s.4 or s.117(9)(d) refusal.
Who represents the sponsor
Angelina prepares the sponsor and every witness, then speaks for them at ADR and at the hearing.
Over 25 yearsOn immigration and criminal matters.
Same person throughoutFrom the refusal letter to the hearing.
Two languagesEnglish or Russian.
Richmond HillThe Toronto IAD sits at 25 St. Clair Avenue East.
“In February 2011 I found myself in an immigration predicament. I contacted Angelina's office and was incredibly impressed with her willingness to not only give me advice but pursue my case in the Immigration Appeals Division in what was a very time sensitive manner. Her guidance made the whole process more efficient and less stressful than it would have otherwise been.”
Papers for the free assessment
- The refusal letter and the officer’s reasons, every page.
- The day it arrived: the email, portal notice or envelope.
- The sponsorship forms and undertaking as they were filed.
- Evidence on the refusal ground: messages and travel records, medical reports, or tax assessments.
- Any earlier refusal for the same relative.
Questions sponsors ask about IAD appeals
Can a paralegal represent a sponsor at the IAD?
Yes. LSO By-Law 4 covers federal tribunals, and the IAD is part of the Immigration and Refugee Board.
Does the relative abroad take part?
The sponsor is the appellant. The relative may testify by telephone or video.
What happens when an appeal is allowed?
The application returns to an officer for processing; the Division does not issue the visa itself.
What if the 30 days have already passed?
The Division can extend a time limit on request and decides each request on its facts.
Everything above describes the IAD process in general terms; it is not legal advice, and no paralegal-client relationship exists until a retainer is signed. Our legal team assists with the full range of your matter, including applications filed with IRCC.
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