CIC Officer Gets It Wrong2007-05-31
Some people still have a hard time believing that CIC officers can make bad decisions during reviews of immigration applications (another good reason to hire an immigration lawyer!).
Here’s a summary of a recent case where the CIC officer did not consider the fact that a couple had a child as a factor in favour of showing the relationship was genuine!
“The sponsored application for permanent residence of the appellant’s husband was refused under section 4 of the IRP Regulations…The visa officer failed to consider the fact that the couple had a child as at least a factor in favour of a genuine marriage. Absent exceptional circumstances, a reasonable person accepts the existence of a child as proof of a genuine spousal relationship. No negative inference was drawn from the applicant’s previous unsuccessful attempt to come to Canada as an adopted child. The evidence in support of the genuineness of the marriage was considerable. The appeal was allowed. Aujla (Sidhu), Jagwinder Kaur v. M.C.I. (IAD VA5-02812), Shahriari, April 17, 2007.