Sponsorship Appeal
Tribunal: Calgary office, Immigration Appeal Division
Counsel: Raj Sharma, Calgary Immigration Lawyer
I was the immigration lawyer on an appeal of a refused spousal sponsorship appeal in 2009. The husband sponsored his wife from Pakistan but was denied, not on the grounds that the marriage was not genuine, but on the grounds of misrepresentation. The appellant (foolishly) provided altered photographs of his wedding and marriage ceremony. As a result, the immigration application was refused by the overseas visa office on the grounds of misrepresentation, and the wife was found inadmissible to Canada on misrepresentation.
The sponsor filed an immigration appeal with the Immigration Appeal Division. The couple also had a child that resided with the wife in Pakistan. The Immigration Appeal Division Member considered testimony adduced at a de novo hearing. The Chirwa decision was also relied on for granting humanitarian & compassionate relief.
The Ribic factors were considered by the IAD in applying discretionary relief. The testimony of the couple was seen as credible. However, the deliberate nature of the misrepresentation, and the failure to fully come clean about it, made it a serious one. The husband's establishment in Calgary, Alberta Canada, based on his education and employment here, were seen as a positive factor. The level of hardship that would ensue from dismissing the appeal, along with the interests of the child having access to both parents, were seen to outweigh the misrepresentations. At the end of the day, the IAD allowed the appeal.
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