IAD - Immigration Appeal Division
ADR - Alternative Dispute Resolution
Once you have been denied the visa office must...
- notify the sponsor of their right to appeal
- provide a copy of the refusal letter sent to the applicant
- include all immigration file numbers for reference
- provide the instructions/form for starting the appeal process - appendix B (see link below)
Notifying IAD that you want to Appeal
- Form must be sent to the IAD Registry Office within 30 days of receiving your refusal letter
- You must include a copy of your refusal letter when you send in the notice of appeal form
- If you choose to use a lawyer or consultant, you must advise the IAD in writing with your representative's information, address, phone number etc.
Page 56-61 of the following link lists more information on the beginning of the process & the address of the IAD Registry Office in your province.
Once the IAD has your request to appeal
- They will determine if you are approved to appeal
- The full visa file including CAIPS notes will be sent to you or your representative within 120 days.
- If you are approved to continue the appeal, you will likely be scheduled for an ADR hearing
An ADR hearing is an opportunity for the sponsor, a representative from CIC and an impartial mediator to meet.
The CIC representative will interview the sponsor, review additional evidence provided to them prior to the hearing date and possibly overturn the previous decision.
**If your refusal letter outlines that your spouse was denied because they didn't know enough about you then the likelyhood of the results being changed are very slim. They will likely reccommend waiting for the final step which is a full court hearing.
Full Court Hearing
Full court hearing is in front of a judge with you being represented by a lawyer and your spouse being teleconferenced in (also represented by a lawyer) and RE-Interviewed.
At this point, the judge would make a decision to approve or deny the request for the visa.
If it is approved, the file is sent back to PAP for further processing.
Should you use a Lawyer or Immigration Consultant?
During the initial stages of the appeal process including the ADR hearing, representation is not required but may be very helpful.
A lawyer or consultant will not be able to help you or say anything during the ADR hearing.
Lawyers/Consultants will have the necessary knowledge to help you through this part, coach you in advance of what will happen, prepare & submit additional evidence to support your case etc.
If the process continued to a full court hearing, legal representation would be required.
How long will this process take?
Going through the appeal process can take a long time. It can be close to a year before you attend an ADR hearing and another 1-2 years to have completed the full court hearing.
More info on the appeal process can be found here...