Canada Immigration Case-law v Oziegbe, Selection and admission, Permanent residence applications by Joy Stephen, Polinsys

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IMMIGRATION — Selection and admission — Permanent residence applications

Judgement for this Case: Click here!

Applicant was arrested after his visa expired — After his release on bond applicant was arrested again for failing to comply with conditions of his release — Applicant was third time arrested for failing to comply with conditions of his release — Applicant was released with his aunt as bondsperson and as condition of release applicant was to reside with aunt at her residence — Applicant married spouse — Applicant and spouse never cohabited because of release conditions — Applicant’s request to vary release condition so that he could live with spouse was refused — Immigration officer denied applicant permanent residence as member of spouse or common law partner in Canada class because there was insufficient proof of cohabitation — Applicant sought judicial review — Application dismissed — It was reasonable for officer to reject applicant’s explanation for why he was not cohabiting with his spouse — Finding that applicant did not meet cohabitation requirement fell within range of possible, acceptable outcomes — Applicant could have explored option to live with spouse at aunt’s residence

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