
Dang v. Canada (Citizenship and Immigration), 2014 FC 1195 : Spousal Sponsorship Refusal Overturned Because IAD Relied on Speculation and Ignored Significant Evidence
The Federal Court reviewed an Immigration Appeal Division decision dismissing an appeal of a spousal sponsorship refusal. The IAD found that the marriage was not genuine and had been entered into primarily for immigration purposes. The Court overturned the decision because the IAD relied on unreasonable credibility findings, cultural assumptions and speculation while failing to properly consider substantial evidence supporting the genuineness of the relationship. Key Principle A finding that a marriage is not genuine must be based on a reasonable assessment of the evidence as a whole...
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