Immigration and Refugee Board of Canada Dismisses Appeal for Lack of Jurisdiction

Strategic Insights -

The Immigration and Refugee Board of Canada has dismissed an appeal by Matthew Ramoso Fernández for lack of jurisdiction. The appeal was filed against a decision by an Immigration, Refugees and Citizenship Canada (IRCC) officer to return an application to sponsor Manuel Panganiban Fernández due to the application being incomplete. The application was filed under the 2024 Parents and Grandparents Program.

Key Takeaways:

  • The Immigration and Refugee Board of Canada lacks jurisdiction to hear the appeal because the Appellant does not have a right of appeal to the Immigration Appeal Division (IAD).
  • The sponsorship application was not filed in the prescribed manner, rendering it incomplete and ineligible for processing.
  • The Appellant's reconsideration request was refused by IRCC, but this does not meet the requirements for a right of appeal under section 63 of the Immigration and Refugee Protection Act (IRPA).
  • The Appellant may consider filing an application for leave and judicial review in Federal Court to challenge the decisions made by IRCC.
  • The IAD's jurisdiction is limited to cases where the applicant has a right of appeal under section 63 of the IRPA.
  • The appeal is dismissed for lack of jurisdiction, thereby terminating any further proceedings before the IAD.

Statistics:

  • The appeal was filed on January 15, 2025.
  • The IAD received the appeal and asked for submissions from the Appellant by January 30, 2025.
  • The Appellant provided additional information concerning their sponsorship application, including a January 14, 2025 letter from IRCC refusing their request for reconsideration.
  • The appeal was dismissed on February 24, 2025.

Sources:

  • Immigration and Refugee Board of Canada, R. v. F. (IAD Number: 2025 - XXX, decision rendered on 2023-02-24, with reasoning by S. Loeb, Attested by A. B).