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Emigration and immigration

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

Strategic Insights

— 1 min read

The Immigration and Refugee Board of Canada has issued a decision dismissing a sponsorship appeal filed by Desline ELUSME on behalf of Jermaine Titto ODINGO WELCH, a member of the family class. The decision, made by Member Myriam Paris-Boukdjadja on November 5, 2024, states that the appeal is dismissed for lack of jurisdiction. This decision is a result of the appellant's failure to demonstrate that she filed a sponsorship application with the Ministere de l'Immigration, de la Francisation et de l'Integration (MIFI) to obtain a Quebec Selection Certificate (CSQ) on behalf of the applicant.

Key Takeaways:

  • The Immigration and Refugee Board of Canada dismissed the sponsorship appeal filed by Desline ELUSME for lack of jurisdiction.
  • The decision was made by Member Myriam Paris-Boukdjadja on November 5, 2024.
  • The appeal was dismissed because the appellant failed to demonstrate that she filed a sponsorship application with the MIFI to obtain a CSQ on behalf of the applicant.
  • The MIFI confirmed that the appellant had not filed a sponsorship application on behalf of the applicant.
  • The decision is based on the Immigration and Refugee Protection Regulations (the Regulations) subsections 10(1) and (4), which specify that the undertaking application is a prerequisite for considering a sponsorship application complete.
  • The Canada-Quebec Accord relating to Immigration and Temporary Admission of Aliens applies when the sponsorship application concerns a sponsor who resides in Quebec.
  • The decision also refers to section 137 of the Regulations, which is specific to Quebec residents and provides that a sponsor's undertaking must be given in accordance with section 13.

Statistics:

  • The appeal was filed on June 4, 2024.
  • The IOAD informed the appellant on July 30, 2024, to submit her documents and arguments in response to the instructions by August 20, 2024.
  • The appellant did not respond or provide any documents by the required date.
  • The Minister submitted that the sponsorship application was not filed in accordance with section 137 of the Regulations because the appellant did not give her undertaking to the MIFI as required.

Sources:

  • Immigration and Refugee Board of Canada, REASONS FOR DECISION OVERVIEW
  • Immigration and Refugee Board of Canada, ANALYSIS
  • Immigration and Refugee Protection Regulations (the Regulations)
  • Canada-Quebec Accord relating to Immigration and Temporary Admission of Aliens

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