Saleh v. Canada (Citizenship and Immigration), 2025 FC 542 : Federal Court Finds Officer Unreasonably Dismissed Evidence Supporting the Genuineness of a Same-Sex Common-Law Relationship

In Saleh v. Canada (Citizenship and Immigration), 2025 FC 542, the Federal Court allowed judicial review of the refusal of a permanent residence application under the one-year window of opportunity provision. The Officer found that the Applicant’s common-law relationship with his transgender partner was not genuine, largely because the Applicant could not answer what the Officer considered basic questions about his partner. The Court found that the Officer failed to consider significant evidence supporting the relationship and failed to assess the Applicant’s answers within their social and cultural context.

Background

The Applicant, a gay man residing in Egypt, applied for permanent residence based on his common-law relationship with his transgender partner, Ghassan. Ghassan had obtained permanent residence in Canada as a Convention refugee and had previously declared the Applicant on his refugee application.

During the interview, the Officer considered the Applicant’s answers about Ghassan’s personality and religious beliefs to be vague. The Officer was particularly concerned that the Applicant did not know that Ghassan had converted to Christianity and had been baptized. The application was subsequently refused because the Officer was not satisfied that the relationship was genuine.

On reconsideration, Ghassan provided letters explaining why he had not disclosed his baptism and submitted photographs and evidence of financial transfers to the Applicant. The Officer nevertheless maintained the genuineness concerns.

Key Principle

When assessing the genuineness of a relationship, an immigration officer must consider significant evidence supporting the relationship and cannot rely selectively on perceived inconsistencies or vague answers while ignoring evidence pointing toward genuineness.

In assessing same-sex relationships, officers must also consider the social, cultural and psychological context in which the relationship developed. Evidence should not be assessed through stereotypes or assumptions about how an intimate relationship should ordinarily be expressed.

Court Findings

• Significant Evidence Supporting the Relationship Was Ignored

The Court identified substantial evidence that the Officer failed to meaningfully address, including financial support dating back to 2022, the Applicant and his mother caring for Ghassan’s foster son, accurate answers about Ghassan and his family, and social-media communications dating back to 2018 referring to their engagement.

• Traditional Relationship Indicators Could Not Be Ignored

Although same-sex relationships must not be assessed through stereotypes, the Court held that traditional indicators of a genuine relationship remain relevant. The evidence showed shared shelter, personal and sexual behaviour, social activities and economic support. The Officer’s failure to acknowledge this evidence rendered the decision unreasonable.

• Social and Cultural Context Was Essential

The Applicant’s relationship developed in Yemen and Egypt, where same-sex relationships are stigmatized, unrecognized and criminalized. The Court held that the Officer needed to consider whether the Applicant’s vague answers resulted from a lack of genuineness or from discomfort discussing a relationship that he had been forced to conceal because of fear of persecution.

Outcome

The Federal Court allowed the application for judicial review, quashed the underlying decisions, and remitted the matter to a different officer for redetermination. No question for certification arose.

Case Citation:

Saleh v. Canada (Citizenship and Immigration), 2025 FC 542 (CanLII)