Can someone answer this?

[Marymoe]

Hello,

I will not give out details and keep this short.

Here is the situation. A person's Spouse/Common-Law Class application was rejected for PR status in Canada. The person sponsoring the was approved. The application was INLAND. The application lacked evidence. And yes I know re-applying outland is the best option, but I am interested to know...

Do they have a right of appeal like it says in the regulations? section 63 of the act I believe.

Or can they apply to the Federal Court under some sort of Judicial Review I believe it is called?

Thanks so much!

 

[zardoz]

Hello,

I will not give out details and keep this short.

Here is the situation. A person's Spouse/Common-Law Class application was rejected for PR status in Canada. The person sponsoring the was approved. The application was INLAND. The application lacked evidence. And yes I know re-applying outland is the best option, but I am interested to know...

Do they have a right of appeal like it says in the regulations? section 63 of the act I believe.

Or can they apply to the Federal Court under some sort of Judicial Review I believe it is called?

Thanks so much!

https://www.canadavisa.com/canada-immigration-discussion-board/threads/inland-spousal-application-refusal-appeal.439883/

 

[Buletruck]

There is no appeal on inland sponsorship. You may be able to petition for a judicial review, but that would have to be accepted by the court and then only review for procedural errors. The court won’t consider additional evidence, only whether IRCC made an error according to the procedure. And it would take years most likely.

 

[canadianwoman]

You can apply for judicial review, but there is no guarantee it will be heard. As well, the judges do not consider new evidence in a judicial review. It sounds like what you lacked was evidence, so a judicial review would not help.