3. Understand what the IAD can consider at your appeal hearing

The Immigration Appeal Division (IAD) decides whether Immigration, Refugees and Citizenship Canada (IRCC) made a legal mistake when they refused your application. They may also be able to consider whether there are humanitarian and compassionate (H&C) grounds to let the sponsorship application go ahead.

H&C grounds or reasons can include proof of:

• your connection with the person you want to sponsor, and
• the hardship you would both experience if you were permanently separated.

The evidence you need to bring to your appeal hearing depends on the reasons why IRCC refused the application. For example, you might need to present evidence to prove:

• you qualify to be a sponsor
• your relationship to your spouse or partner
• your relationship to a relative by blood or adoption
• you meet minimum necessary income requirements
• that there are humanitarian and compassionate (H&C) reasons your sponsorship application should proceed

If you cannot prove the relationship

The relative or family member you want to sponsor must be what’s called “a member of the family class”. This means you have to prove the relationship. For example, if you’re sponsoring your spouse, you have to prove that you’re legally married. Or if you’re sponsoring your child, you have to prove that you’re their parent by blood or adoption.

If you cannot prove the relationship, you cannot sponsor the person. The IAD cannot consider humanitarian and compassionate reasons in this situation.

Humanitarian and compassionate (H&C) reasons

There are many situations in which the IAD can consider humanitarian and compassionate reasons. For example, if your spouse or partner is inadmissible to Canada because of a criminal record, the IAD can consider:

• how serious the criminal record is
• how long ago the crime was committed
• what the person has been doing since then

Another example would be if you cannot sponsor someone because:

• you did not tell IRCC about them when you became a permanent resident, and
• they don’t qualify for the government’s pilot program.

If this happens, the IAD can consider:

• the reasons you did not mention the person
• the relationship between the two of you

Best interests of a child

The IAD must consider what’s in the best interests of any child who would be directly affected if the sponsorship application is refused. To help explain what’s best for the child, bring evidence that shows:

• your connection to the child, and
• any special needs or vulnerabilities they have.