You just received notice that your sponsorship application has been refused. What do you do? Basically you have two options. Resubmit another application or file an appeal/judicial review. This is not always an easy decision. Is the refusal likely the result of not submitting a strong sponsorship application or did the Officer who review your application make a bad decision to refuse your application? This is something that you and your lawyer will need to decide before taking any action. Typically a sponsorship application takes about one year to process. In addition, if you decide to resubmit a sponsorship application you would need to correct the deficiencies that the Officer had noted in its refusal letter. If you make the decision to do an appeal or a judicial review you must be aware of several factors. If you are sponsoring your spouse outside of Canada, if refused, then you can appeal to the Immigration Appeal Division. If the sponsorship was from within Canada the only review process is judicial review. There is a definite advantage to doing an appeal vs. a judicial review. The success rate for an appeal is much higher. This is due to the fact that you will have an in person or virtual hearing in which you the Board Member will hear and see what you have to say. In addition, you will be able to add evidence and to call witnesses to testify on your behalf. In a judicial review everything is done in writing and the court is simply deciding if the Officer’s decision was fair and reasonable in light of the information that was before the Officer. If you are lucky and the Court grants Leave, your lawyer will be able to argue the case at the Federal Court. Unfortunately the success rate for a judicial review is much lower than an appeal. Nevertheless, you would need to consult with an immigration expert before deciding what to do when you receive a negative sponsorship decision.
