
Singh v. Canada (Citizenship and Immigration), 2014 FC 1077 : Spousal Sponsorship Refusal Upheld Because Primary Purpose Was Immigration, Despite Genuine Marriage Finding
The Federal Court reviewed an Immigration Appeal Division decision dismissing a spousal sponsorship appeal under subsection 4(1) of the IRPR. The Court found that the IAD reasonably concluded that the applicant’s wife had entered the marriage primarily to obtain immigration status, although the IAD’s separate finding that the marriage was not genuine was unreasonable. Because the Regulations are disjunctive, the finding on primary purpose was sufficient to uphold the refusal. Key Principle Under the current wording of subsection 4(1) of the IRPR, the genuineness and primary- purpose...
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