Duquitan v. Canada (Citizenship and Immigration), 2015 FC 769 : Spousal Sponsorship Misrepresentation Finding Upheld After Undisclosed Extramarital Relationship

The Federal Court reviewed a finding that a permanent resident was inadmissible for misrepresentation after failing to disclose an ongoing intimate relationship with another woman during his spousal sponsorship process.

The Immigration Appeal Division found that the undisclosed relationship went directly to the genuineness of the marriage on which his permanent residence was based.

The Federal Court upheld that decision.

Key Principle

Applicants have a broad duty to provide complete, honest, and truthful information in immigration applications.

In a spousal sponsorship case, an undisclosed extramarital relationship may be material because it can directly affect the assessment of whether the sponsored marriage is genuine.

A misrepresentation does not have to guarantee a different result. It is enough if the information could have affected the immigration process or prompted further investigation.

Background

The applicant was a citizen of the Philippines who became a permanent resident after being sponsored by his wife.

Soon after he became a permanent resident, his wife discovered that he had maintained an intimate relationship with another woman.

She reported the matter to CBSA.

The applicant was later found inadmissible for misrepresentation and an exclusion order was issued.

The IAD concluded that the undisclosed relationship was material because it went to the core question of whether his marriage to the sponsor was genuine.

Court Findings

The Federal Court found that the IAD’s conclusion was reasonable.

The applicant’s failure to disclose the other relationship prevented the visa officer from properly examining whether the marriage was genuine.

The Court also upheld the IAD’s refusal to grant humanitarian relief.

The IAD considered the seriousness of the misrepresentation, the applicant’s lack of remorse, his establishment in Canada, potential hardship in the Philippines, family circumstances, and the interests of affected children.

Although the applicant had established himself in Canada, the IAD found that the positive factors were not sufficient to overcome the seriousness of the misrepresentation.

Outcome

The Federal Court dismissed the application for judicial review.

The case shows that undisclosed relationships can have serious immigration consequences where they are relevant to the genuineness of a spousal sponsorship.

It also confirms that full disclosure is fundamental in Canadian immigration applications.

Case Citation:

Duquitan v. Canada (Citizenship and Immigration), 2015 FC 769 CanLII