The Federal Court reviewed the dismissal of a spousal
sponsorship appeal involving a Canadian citizen and her Tunisian husband.
The Immigration Appeal Division found that the applicant had
not proven, on a balance of probabilities, that the marriage was genuine and
was not entered into primarily for immigration purposes.
The Federal Court upheld that decision.
Key Principle
In a spousal sponsorship appeal, the sponsor bears the
burden of showing that the relationship satisfies section 4 of the Immigration
and Refugee Protection Regulations.
The IAD may consider the overall circumstances of the
relationship, including how quickly it developed, time spent together, the
marriage ceremony, knowledge of each other, conduct after marriage, and other
indicators of compatibility and commitment.
Background
The sponsor was a 54-year-old Canadian citizen and her
husband was a Tunisian citizen in his early thirties.
They met through an online chat site in 2009. The sponsor
travelled to Tunisia several times, and they married in May 2010.
The sponsor ultimately travelled to Tunisia 11 times to
visit and live with her husband.
A visa officer refused the sponsorship application, and the
IAD later dismissed the sponsor’s appeal.
Court Findings
The IAD considered several factors when assessing the
relationship.
It was concerned about how quickly the relationship
developed, the limited time the couple had initially spent together,
circumstances surrounding the marriage, and the husband’s limited knowledge of
the sponsor during his visa interview.
The IAD acknowledged that the couple maintained frequent
communication and that the sponsor’s feelings for her husband were sincere.
However, it was not satisfied that, from the husband’s
perspective, the marriage had not been entered into primarily for immigration
purposes.
The Federal Court found that the IAD had considered the
evidence as a whole and reasonably applied the recognized factors relevant to
assessing the genuineness of a marriage.
Outcome
The Federal Court dismissed the application for judicial
review.
The case shows that frequent communication, repeated visits,
and sincere feelings by one spouse may not be enough where the overall evidence
leaves concerns about the other spouse’s intentions in entering the marriage.
Case Citation:
Brunet v. Canada (Citizenship and Immigration), 2015 FC 986 CanLII
Prepared by:
Dr. Muhammad
Abrar (Barrister and
Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian
Immigration Case Law and Statistics Analyst
