Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of refusal by visa officer, Immigration Program Manager of application for permanent residence in skilled worker category on grounds principal applicant inadmissible pursuant to Immigration and Refugee Protection Act (IRPA), S.C. 2001, c. 27, s. 40(1) because misrepresented material facts relating to marriage—Application including principal applicant’s new wife, wife’s son from previous marriage—Jurisdiction to assess bona fides of marriage in skilled worker application—Requirement under Immigration and Refugee Protection Regulations, SOR/2002-227, s. 4, marriage be genuine (bona fide), not entered into primarily for purpose of acquiring status or privilege under IRPA—Positioning of bad faith marriage provision at beginning of Regulations instead of within family class provisions, indicating provision applying to all relevant following provisions concerning family—“For purposes of these Regulations” at beginning of s. 4, “any status or privilege” at end of s. 4 expressing legislative intention s. 4 to apply to all subject-matter addressed in Regulations, not limited to particular process or immigrant category— “Genuine” directed to intention to form familial relationship rather than description of legality of marriage—S. 4 directed at maintaining integrity of IRPA by preventing acquisition of immigrant status by subterfuge —Not limited to family class sponsorships—Applies to family members of applicant in skilled worker class—Application allowed.
Chen v. Canada (Minister of Citizenship and Immigration) (IMM-5118-07, 2008 FC 1227, Mandamin J., judgment dated November 4, 2008, 13 pp.)