Whether someone may sponsor one’s sibling depends on several criteria. For this article, I restrict the discussion to the “lonely Canadian” provision of the Immigration and Refugee Protection Regulations (IRPR).
Traditional interpretation of paragraph 117(1)(h) IRPR
If the sponsor does not have any living relative who could be sponsored and does not have any relative who is a Canadian citizen, permanent resident or registered Indian, may sponsor any relative regardless of age.
Jurisprudence re “last remaining relative”
While considering the intent of the legislator, one could make a case under paragraph 117(1)(h) IRPR based on Sendwa v. Canada, 2016 FC 216 to address that one’s parent will not immigrate to Canada (e.g. medical inadmissibility or no desire). Therefore, should be allowed to sponsor another relative instead.
In a nutshell, Mr. Justice Shore of the Federal Court decided in Sendwa that the traditional interpretation of the “lonely Canadian” provision is too restrictive. Now it remains to be seen whether the Immigration Officers will share his point of view.
Examples of evidence:
- Detailed family trees listing all family members,
- Death certificates,
- Divorce certificates,
- Statutory Declaration of Separation of Common-Law Partners,
- Adoption Judgements, etc.
