Le v. Canada (Citizenship and Immigration), 2016 FC 330 : Spousal Sponsorship Refusal Upheld Because Significant Inconsistencies Supported Finding That Marriage Was Not Genuine

Ø  Introduction

The Federal Court reviewed an Immigration Appeal Division (IAD) decision dismissing a spousal sponsorship appeal because the marriage was found not to be genuine and was entered into primarily for immigration purposes.

The applicant argued that the IAD had placed undue weight on inconsistencies in the couple’s evidence. The Court dismissed the judicial review, finding that the inconsistencies concerned important aspects of the relationship and reasonably supported the IAD’s credibility and genuineness findings.

Ø  Key Principle

Credibility findings by the IAD are entitled to deference on judicial review.

In assessing whether a marriage is genuine, inconsistencies concerning central aspects of the relationship, such as how the relationship began, when the romantic relationship developed, and when the marriage proposal occurred, may reasonably affect the assessment of genuineness.

The Court will not reweigh the evidence or substitute its own assessment where the IAD’s reasons are transparent, intelligible, and supported by the evidence.

Ø  Background

The applicant, a dual Vietnamese-Canadian citizen, married Mr. Vu in Vietnam in December 2009 and subsequently sponsored him for permanent residence.

The sponsorship application was refused after an interview because the marriage was found not to be genuine. The applicant appealed to the IAD.

After three days of hearings, the IAD found significant inconsistencies in the couple’s evidence concerning the development of their relationship, including their first meeting, when their romantic relationship began, and when the marriage proposal occurred.

The IAD found their testimony vague, imprecise, and inconsistent, and concluded that some of their evidence was implausible. It also considered the limited evidence concerning their financial interdependence.

Ø  Court Findings

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

The Court held that the inconsistencies identified by the IAD were not inconsequential or extraneous. They concerned central aspects of the relationship and provided a reasonable basis for questioning the credibility of the applicant and her husband.

The Court rejected the argument that the IAD had conducted a microscopic examination of peripheral details. Although the IAD made one negative finding concerning the applicant’s contact with her cousin, its other findings related directly to the genesis and development of the relationship and therefore were relevant to determining whether the marriage was genuine.

The Court also confirmed that it was not its role to reweigh the evidence before the IAD. Because the IAD’s reasons were intelligible, transparent, and supported by the evidence, its finding that the marriage was not genuine fell within the range of acceptable outcomes.

Ø  Outcome

The Federal Court dismissed the application for judicial review and upheld the IAD’s finding that the marriage was not genuine.

Case Citation:

Le v. Canada (Citizenship and Immigration), 2016 FC 330 CanLII