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Canada decisions
Decisions matching the current search
Federal Court upheld an officer’s finding that the applicant’s marriage was not genuine and dismissed the judicial review, finding no procedural fairness breach.
The Federal Court dismissed judicial review of a refused spouse sponsorship, holding there was no procedural unfairness and the officer’s non-cohabitation finding was reasonable.
The Federal Court granted judicial review, finding the IAD unreasonably assessed whether the marriage was genuine and relied too heavily on peripheral inconsistencies.
The Federal Court dismissed judicial review, finding the immigration officer reasonably concluded the marriage was not genuine and was entered into mainly for immigration purposes.
The Federal Court held that the visa officer reasonably found the applicant’s marriage was not genuine and dismissed the judicial review.
The Federal Court dismissed judicial review, finding the officer’s mistaken references to the Regulations were harmless and the marriage-bona-fides finding was reasonable.
The Federal Court set aside a refusal of spousal permanent residence, finding a 10.5-month post-interview delay raised procedural fairness concerns.
The claimant's inconsistent testimony, unexplained delays in claiming asylum while resident in other Convention countries, implausible account of a sudden marriage, and lack of corroboration (including silence in psychiatric report about alleged torture/detentions) justified adverse credibility findings on the balance of probabilities; therefore there is no serious possibility of persecution or personal risk of torture on return, and the claim fails.
Source excerpt
The Federal Court granted judicial review after finding procedural unfairness in a skilled worker immigration interview about the genuineness of a marriage.
The Federal Court dismissed judicial review of an IAD decision applying res judicata to a spouse sponsorship refusal, finding no exceptional circumstances and no procedural unfairness.
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