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Spousal sponsorship appeal

YVR123

VIP Member
Jul 27, 2017
7,157
2,754
Hi,

I'm surprised, and it must be new, that a person has the right of appeal for an inland spousal sponsorship refusal.

I looked and I can't find where such an appeal is legally possible.

It used be that only outland spousal sponsorship refusals could be appealed and I have to wonder if this isn't all a complete waste of time, money and energy when the IAD may have zero jurisdiction.

The Minister's submissions may well be a letter pointing out the IAD's lack of jurisdiction and then your business with Canada will be complete until some new application is received.
I agree. I was surprised to see the OP can actually appeal with inland. May be s/he means a different legal process than appeal.
Wouldn't better to file an new application outland instead since PA is now outside.
 
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Osemhn08

Star Member
Jan 19, 2024
53
1
I agree. I was surprised to see the OP can actually appeal with inland. May be she means a different legal process than appeal.
Wouldn't better to file an new application outland instead since PA is now outside.
Well, I’m actually going through a hardship in my country and I think they have seeing what’s going on in my country, I don’t really know why the officer refused our inland application after we got sponsor approval and AOL.. I was arrested in our interview with IRCC. Since they want to proceed with the appeal we will wait to see what happens
 

armoured

VIP Member
Feb 1, 2015
16,656
8,489
Since they want to proceed with the appeal we will wait to see what happens
Since the response is due in september and only a five day reply window, sure, you can wait.

But I would suggest you use the time to get prepared to submit a new application. As noted above, it is possible that there is not actually an appeal in process, but only your request for an appeal. They may be required to determine whether or not an appeal is possible.

And as suggested above, IRCC's response could simply be limited to stating "this was an inland application and appeals are not allowed, so the request for appeal should be refused."

If that's the case, sure, you will have five days to respond, but unless your lawyer (that you don't have) has some magical procedural trick, your response will probably not make any difference and you could/should just proceed to submitting a new app.

Note, you haven't mentioend why you were deported, you will need to determine whether that deportation makes you inadmissible and if any other procedural / substantive requirements apply. (For example, you'd have to pay govt back for any costs incurred like your flight, I think)
 
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Osemhn08

Star Member
Jan 19, 2024
53
1
Since the response is due in september and only a five day reply window, sure, you can wait.

But I would suggest you use the time to get prepared to submit a new application. As noted above, it is possible that there is not actually an appeal in process, but only your request for an appeal. They may be required to determine whether or not an appeal is possible.

And as suggested above, IRCC's response could simply be limited to stating "this was an inland application and appeals are not allowed, so the request for appeal should be refused."

If that's the case, sure, you will have five days to respond, but unless your lawyer (that you don't have) has some magical procedural trick, your response will probably not make any difference and you could/should just proceed to submitting a new app.

Note, you haven't mentioend why you were deported, you will need to determine whether that deportation makes you inadmissible and if any other procedural / substantive requirements apply. (For example, you'd have to pay govt back for any costs incurred like your flight, I think)
Oh I see, I was out in d status but my spouse was sponsoring me before I got arrested by CBSA and yes I will have to pay for ARC to return but I don’t really if this appeal will affect our new application if will start a new application
 

Copingwithlife

VIP Member
Jul 29, 2018
4,312
2,149
Earth
Well, I’m actually going through a hardship in my country and I think they have seeing what’s going on in my country, I don’t really know why the officer refused our inland application after we got sponsor approval and AOL.. I was arrested in our interview with IRCC. Since they want to proceed with the appeal we will wait to see what happens
You were arrested for basically thumbing your nose at immigration

Read your history in postings
You are far far from a immigration angel

Don’t act like butter wouldn’t melt on your mouth

That hardship was brought upon yourself . By you & your girlfriends actions AND inactions
 
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canuck78

VIP Member
Jun 18, 2017
54,512
13,214
Realistically you should be preparing to apply for Outland sponsorship. Given your immigration history would expect that chances of an interview will be relatively high.