It is worth noting that there are no transitional provisions to appeals filed by sponsors to the Immigration Appeal Division (IAD). This is in accordance with the provisions specified under subsection 63 (1) of the Immigration and Refugee Protection Act (IRPA). With effect from June 10, 2015, the Immigration Appeal Division (IAD) would need to base its decision on the law applicable at the time Citizenship and Immigration Canada (CIC) received the application. This is applicable for all appeals pursuant to subsection 63 (1) of the Immigration and Refugee Protection Act (IRPA) where:
- Citizenship and Immigration Canada (CIC) received the application on or before June 10, 2015 and,
- The visa officer’s decision relied on the pre-amendment minimum age of spouse, common-law or conjugal partner
In some cases, it is possible that Citizenship and Immigration Canada (CIC) received the application on or after June 11, 2015. In this scenario, the officers would need to apply the new regulations concerning the minimum age of the spouse, common-law or conjugal partner.
Source: Citizenship and Immigration Canada (CIC)
