| CITATION: |
manuvelpillai v. canada (citizenship and immigration), 2010 FC 286, [2010] 2 F.C.R. D-1 |
IMM-2676-09 |
Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of Immigration and Refugee Board’s (IRB) decision refusing applicant’s family class sponsorship application for husband—Application raising issue of law not appearing to have been dealt with previously—Applicant, citizen of Sri Lanka, marrying lawful landed immigrant resident in Canada, in Sri Lanka—Applicant eventually obtaining appropriate order of divorce granted by appropriate Ontario court—Applicant remarrying citizen of Sri Lanka, seeking to sponsor him so he may obtain permanent resident visa—IRB concluding because applicant’s first marriage taking place in Sri Lanka, since not dissolved in Sri Lanka, applicant could not sponsor second husband—Whether Ontario divorce effectively dissolving marriage even if performed in Sri Lanka—Divorce Act, R.S.C., 1985 (2nd Supp.), c. 3 not restricting appropriate Canadian court from granting divorce only in respect of marriages performed in Canada—Once divorce granted, effective throughout Canada, including for purposes of Immigration and Refugee Protection Act, S.C. 2001, c. 27—Application allowed—Question certified.
Manuvelpillai v. Canada (Citizenship and Immigration) (IMM-2676-09, 2010 FC 286, Hughes J., judgment dated March 11, 2010, 7 pp.)