Spousal Sponsorship Appeal
Tribunal: Calgary office, Immigration Appeal Division
Counsel: Raj Sharma
|The appellant and applicant married in the Philippines. The appellant sponsored her husband to Canada but the sponsorship was refused. The overseas visa office found the marriage to be caught by s.4 of the IRPR; namely that the marriage was either not genuine or was for the primary purpose of gaining a status or privilege under the Act.|
The couple both testified as to the genuineness of their marriage. The IAD Member considered an array of factors, such as how the relationship evolved, time spent together, nature of the wedding ceremonies, intent of marriage and any evidence of communication and interaction.
A lengthy period during which there was a cessation of communication was adequately explained. Non-interaction during one visit was explained by the claim of sporadic work out-of-town, although this was not fully satisfactory. A noted delay in making the application was adequately explained as well.
A three year delay between a civil ceremony and a religious ceremony was also explained by the need to amass resources to afford a lavish event. The lack of family attendance at the civil ceremony was also explained. Detailed knowledge of each other was proved. These factors combined to allay the concerns of a marriage of convenience. The IAD allowed the appeal.
Raj Sharma JD LLM