By Karina Juma, Canadian Immigration and Refugee Lawyer, Heron Law Offices
Heron Law Offices recently helped a client succeed in their appeal of their refused parental sponsorship (PGP) application to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
Refusal of PGP Application Due to Shortfall of Funds
In March 2025, a client retained us for their appeal to the Immigration Appeal Division (IAD) following the refusal of their parental sponsorship application submitted in December 2022.
The sponsorship application was refused on the basis that the client (the sponsor) and their co-sponsor did not meet the minimum necessary income (MNI) requirement for their family size in one of the three qualifying years at the time of submitting their application.
The client and the co-sponsor had previously responded to two procedural fairness letters (PFL) in which they were alleged not to have met the sponsor eligibility requirements in the Immigration and Refugee Protection Act (IRPA) and Regulations (IRPR).
Early Resolution Request with H&C Arguments
We advised the client about the usual steps in the IAD appeal process: submitting a notice of appeal (NOA), waiting up to 60 days to receive the appeal record, submitting disclosure, alternative dispute resolution (ADR), and if the appeal is not resolved at the ADR stage, then a hearing.
Based on compelling facts in the client’s case – notably, meeting the MNI beyond the three qualifying years and having sufficient H&C grounds – we recommended an early resolution request.
In the early resolution request, we explained the reasons for the client’s MNI shortfall and presented evidence of the client and the co-sponsor’s finances in all other years where they met (and in fact exceeded) the MNI for their family size.
We also made submissions on H&C grounds warranting relief from the MNI shortfall including: familial support of aging parents; best interests of the client and the co-sponsor’s minor children; and a pre-existing sponsorship undertaking for the co-sponsor’s parents with a history of compliance.
Successful Appeal
In early July, we were informed by an IAD case management officer that our client’s appeal was suitable for early resolution and that a positive outcome would be recommended to the Minister.
Two weeks later, we received an informal resolution letter from a Canada Border Services Agency (CBSA) hearings officer agreeing that there were significant H&C factors in our client’s case and that the Minister was satisfied that the applicants were not likely to be a financial burden or rely on government assistance in Canada, allowing the appeal without a hearing.
The client’s parental sponsorship application will soon be re-opened for continued processing.
With the Right Support, a Refusal Can Be Overcome
If your parent or grandparent sponsorship application has been refused, reach out to Heron Law Offices to discuss the path forward.
