Sponsorship Agreement Holder refugee application denied

[southafrica_claimant]

Hi there,

I was working with a SAH to sponsor a refugee from the Democratic Republic of Congo, who is currently living in South Africa. On his initial application he was the only person listed. In the years that the application was processing he had a common law partner (also refugee from DCR in South Africa) and child, which we added onto his application. The application was eventually denied after interview in South Africa due to concerns with his identity as he had used different dates of birth/names on his South African permit compared to his UNHCR documentation and DRC passport.

At this point is there any further action we can take? I sent a letter to the embassy that did the interview asking if there was an appeal process and they said we could submit a new application if there was any new information we wanted to include that we thought would change the outcome.

Can we submit a new application for his common-law partner, or does it not make a difference, as she was listed on his denied application? He is still very keen to be sponsored to Canada, but I am at a loss of what to do. I have a feeling that our chance of being successful at this point is very low.

 

[canuck78]

Hi there,

I was working with a SAH to sponsor a refugee from the Democratic Republic of Congo, who is currently living in South Africa. On his initial application he was the only person listed. In the years that the application was processing he had a common law partner (also refugee from DCR in South Africa) and child, which we added onto his application. The application was eventually denied after interview in South Africa due to concerns with his identity as he had used different dates of birth/names on his South African permit compared to his UNHCR documentation and DRC passport.

At this point is there any further action we can take? I sent a letter to the embassy that did the interview asking if there was an appeal process and they said we could submit a new application if there was any new information we wanted to include that we thought would change the outcome.

Can we submit a new application for his common-law partner, or does it not make a difference, as she was listed on his denied application? He is still very keen to be sponsored to Canada, but I am at a loss of what to do. I have a feeling that our chance of being successful at this point is very low.

His identity issues will remain a problem if you apply to sponsor his common law. The family comes as a package. Unless there is a way to confirm his identity I’m afraid you may be out of luck.

 

[scylla]

Hi there,

I was working with a SAH to sponsor a refugee from the Democratic Republic of Congo, who is currently living in South Africa. On his initial application he was the only person listed. In the years that the application was processing he had a common law partner (also refugee from DCR in South Africa) and child, which we added onto his application. The application was eventually denied after interview in South Africa due to concerns with his identity as he had used different dates of birth/names on his South African permit compared to his UNHCR documentation and DRC passport.

At this point is there any further action we can take? I sent a letter to the embassy that did the interview asking if there was an appeal process and they said we could submit a new application if there was any new information we wanted to include that we thought would change the outcome.

Can we submit a new application for his common-law partner, or does it not make a difference, as she was listed on his denied application? He is still very keen to be sponsored to Canada, but I am at a loss of what to do. I have a feeling that our chance of being successful at this point is very low.

You need to address the identity issue that resulted in the refusal. This will be a problem if you try to sponsor again regardless who the primary applicant is in the application. Good luck.

 

[southafrica_claimant]

When I asked if there was an appeal process they said the application was closed, and submit again. Is this the only way to address the identity issue?

I believe it can be addressed: all documentation is consistent expect for the South African permit, which he falsified on bad advice from a friend, worrying about getting in trouble for leaving the refugee camp he was in. That, coupled with what sounded like a bad interview and explanation on his part resulted in the denial.

Would people recommend getting a lawyer involved at this point?

 

[scylla]

When I asked if there was an appeal process they said the application was closed, and submit again. Is this the only way to address the identity issue?

I believe it can be addressed: all documentation is consistent expect for the South African permit, which he falsified on bad advice from a friend, worrying about getting in trouble for leaving the refugee camp he was in. That, coupled with what sounded like a bad interview and explanation on his part resulted in the denial.

Would people recommend getting a lawyer involved at this point?

Generally you can appeal to the Federal Court. You'll need a lawyer if you want to do this. Appeals can be effective if you think IRCC made the wrong decision based on the information in the application. If the decision they made was accurate based on the information available but you're looking for them to reconsider their decision based on additional information or further explanations, an appeal may not give you the desired result. Did he provide an explanation for the discrepancies as part of the original application package and explain this well during the interview process?

 

[southafrica_claimant]

Generally you can appeal to the Federal Court. You'll need a lawyer if you want to do this. Appeals can be effective if you think IRCC made the wrong decision based on the information in the application. If the decision they made was accurate based on the information available but you're looking for them to reconsider their decision based on additional information or further explanations, an appeal may not give you the desired result. Did he provide an explanation for the discrepancies as part of the original application package and explain this well during the interview process?

In the original application there was no explanation as we were not aware of the discrepancy when we filed on his behalf. When we updated the application with his common-law partner and child we also sent in an update explaining the discrepancy, which we became aware of at that point. He did explain this during the interview, though I am not sure how well he conveyed it. Their denial letter says that he was not able to alleviate their concerns in the interview, and the basis of the denial is they are not satisfied that he is credible.

 

[scylla]

In the original application there was no explanation as we were not aware of the discrepancy when we filed on his behalf. When we updated the application with his common-law partner and child we also sent in an update explaining the discrepancy, which we became aware of at that point. He did explain this during the interview, though I am not sure how well he conveyed it. Their denial letter says that he was not able to alleviate their concerns in the interview, and the basis of the denial is they are not satisfied that he is credible.

It's hard to say what the chances are of an appeal being successful. It sounds like the interview was probably the problem - IRCC does expect applicants to be able to adequately address and explain any discrepancies (discrepancies are generally a pretty big concern). I would recommend getting a consult with a good immigration lawyer experience in refugee hearing appeals to the Federal Court to determine if this is the right path. Good luck.