2.B Sponsors: From Mobilization to Engagement
B.5 What are sponsors' responsibilities?
(v) What consequences arise if sponsors breach their responsibilities?
How Canada Does It
If the Government of Canada becomes aware of a sponsorship dispute causing sponsoring groups to fall short of fulfilling their responsibilities toward the sponsored refugees, the local migration office will attempt to resolve the dispute through mediation. If no solution is found, Canada will declare a sponsorship breakdown. The consequences for sponsors of a sponsorship breakdown depend on whether they are found to be responsible for the breakdown. If Canada determines that sponsors are responsible for the breakdown, they will be declared in sponsorship default. For more information, see 2.D.3.
SPONSORSHIP BREAKDOWN VS. SPONSORSHIP DEFAULT: When sponsors fail to meet their legal (financial and resettlement) responsibilities towards the sponsored refugees for reasons outside their control (e.g. there is a change in the refugee’s personal situation or the refugee migrates to another location), this is a case of sponsorship breakdown (see 2.D.3). If Canada determines that sponsors are responsible for the breakdown, they will be declared in sponsorship default. Sponsorship default carries more serious consequences than a breakdown and would impact a sponsor’s ability to submit new applications.
GROUPS LIABLE FOR (IN)ACTION OF THEIR MEMBERS:
- Sponsorship Agreement Holders (SAHs) are responsible for the actions of their Constituent Groups (CGs). If CGs fail to fulfill their responsibilities, SAHs must fulfill the sponsorship obligations. If they do not, they may be declared in default and their sponsorship agreement may be cancelled, suspended, or amended.
- If a member of a Group of Five fails to fulfill his/her sponsorship obligations, the rest of the group members must fulfill those responsibilities to the sponsored refugees or find an additional group member. If the sponsorship undertaking is breached, the entire group is generally declared in default.
- When a co-sponsor defaults on his/her obligations, the other parties to the sponsorship are legally bound to cover the first party’s responsibilities.