When a spousal or common law application has been refused, there is an automatic right on an outside of Canada application to appeal the matter to the Immigration Appeal Division (IAD). There the parties can restate their case and actually give oral evidence and new evidence to support their case. But a question is sometimes asked whether another fresh application can be made as well while the appeal is underway. This is especially important if the appeal time takes over two years to hear.
Here is the official position by IRCC as to this strategy:
When an application is appealed at the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB), there is a possibility that the initial decision made by the IRCC officer can be overturned, therefore, a final decision has not yet been made on the application until the appeal decision has been made by the IAD. Section 10(5) of the Immigration and Refugee Protection Regulations states:
- Multiple applications
R10(5) No sponsorship application may be filed by a sponsor in respect of a person if the sponsor has filed another sponsorship application in respect of that same person and a final decision has not been made in respect of that other application.
As per R10(5), a second sponsorship application cannot be submitted for the same applicant until a final decision has been made on the first application. As such, until the appeal has been resolved at the IAD (i.e. the IAD has made a decision on the original application), a new sponsorship application cannot be submitted.