Immigration Appeal Division Member Hoare in Chavez, Rodrigo v. MCI (IAD TA3-24409) has the following to say about determining "genuineness" in a sponsorship appeal:
The genuineness of the marriage is based on a number of factors. They are not identical in every appeal as the genuineness can be affected by any number of different factors in each appeal. They can include, but are not limited to, such factors as the intent of the parties to the marriage, the length of the relationship, the amount of time spent together, conduct at the time of meeting, at the time of an engagement and/or the wedding, behaviour subsequent to a wedding, the level of knowledge of eath other's relationship histories, level of continuing contact and communication, the provision of financial support, the knowledge of and sharing of responsibility for the care of children brought into the marriage, the knowledge of and contact with extended families of the parties, as well as the level of knowledge of each other's daily lives. All these factors can be considered in determining the genuineness of a marriage.
The ratio could equally be applied to submissions made on an overseas or an in-Canada spousal sponsorship.
Raj Sharma JD LLM