Tang v. Canada (Citizenship and Immigration), 2015 FC 973 : Spousal Sponsorship Refusal Upheld Because the Marriage Was Not Legally Valid in Vietnam

The Federal Court reviewed the refusal of a spousal sponsorship appeal involving a Canadian citizen and a woman in Vietnam.

Although the couple had participated in a traditional Buddhist marriage ceremony, their marriage had never been properly registered with the Vietnamese civil authorities.

The Court upheld the IAD’s conclusion that the marriage was not legally valid for Canadian immigration purposes.

Key Principle

For spousal sponsorship, a marriage generally must be legally valid under the law of the country where it took place.

A traditional or religious ceremony alone may not be sufficient where local law requires civil registration.

If the marriage is not legally valid, the applicant may still try to qualify under another recognized relationship category, such as a conjugal partnership, but the evidence must independently establish the requirements of that category.

Background

The couple participated in a traditional Buddhist marriage ceremony in Vietnam in 2000.

They attempted to register the marriage, but the Canadian sponsor returned to Canada before both parties could collect the marriage certificate.

Years later, the local authorities could not locate the certificate. A document issued in 2008 confirmed that a wedding ceremony had taken place, but it did not establish that the marriage had been legally registered.

The IAD therefore treated the validity of the marriage as a threshold issue.

Court Findings

The Federal Court found that the IAD reasonably concluded that the marriage was not valid under Vietnamese law.

The evidence showed that Vietnamese law required proper registration with the People’s Committee and compliance with prescribed procedures. The couple had not completed those requirements.

The Court also upheld the finding that the couple had not established a conjugal relationship.

At the time of the sponsorship application, they had spent fewer than two months together since the 2000 ceremony, had not seen each other since 2005, and provided little evidence of financial interdependence.

The fact that their communities regarded them as married was not enough to establish the remaining characteristics of a conjugal relationship.

Outcome

The Federal Court dismissed the application for judicial review.

The case shows that couples relying on a foreign marriage must be able to prove that the marriage satisfies the legal requirements of the country where it occurred. If it does not, another relationship category must be established through its own supporting evidence.

Case Citation:

Tang v. Canada (Citizenship and Immigration), 2015 FC 973 CanLII