Canada Immigration Case-law Canada v Thirumaney, IMMIGRATION — Selection and admission — Sponsorship by Joy Stephen, Polinsys

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IMMIGRATION — Selection and admission — Sponsorship
Judgement for this Case: Click here!

Applicant was born in Sri Lanka and became Canadian citizen in 1990 — Applicant was on welfare because he lost his fingers to frostbite in 1994 — Applicant suffered from depression and was diagnosed with schizophrenia — In 2009 applicant married wife, Sri Lankan national, and applied for sponsorship — Visa officer refused to grant applicant’s wife permanent resident visa in spousal sponsorship category — Visa officer came to conclusion that marriage was not genuine — Applicant appealed — Immigration Appeal Division (IAD) upheld visa officer’s decision — Applicant applied for judicial review — Application dismissed — Appeal revolved around particular facts of case and interpretation by IAD — There was no patent error of fact — This was not case where questionable of findings of fact made by IAD cumulatively rendered its final conclusion unreasonable — Based on evidence, conclusion that marriage was not genuine was open to IAD, considering wife’s lack of knowledge of applicant’s mental illness, his loss of fingers and various contradictions in her testimony — It was open to IAD to conclude that wife was not able to explain why she was genuinely committed to marriage with applicant other than to acquire status in Canada — IAD’s decision was reasonable

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