Canada Immigration Case-law Canada Chung, IMMMIGRATION — Selection and admission — Permanent residence applications by Joy Stephen, Polinsys

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Judgement for this Case: Click here!
IMMIGRATION — Selection and admission — Permanent residence applications — Applicant was born in Hong Kong and became permanent resident of Canada in 1979 — In 2009, applicant joined internet dating site where he met wife — Applicant proposed to wife over Skype and he then travelled to China where they were married — Applicant travelled to China for two weeks every year to visit wife — Applicant’s wife applied for permanent residence as member of family class — Application was refused on basis that marriage was not genuine and was entered into primarily for purpose of acquiring status or privilege under Immigration and Refugee Protection Act (Can.) — Applicant appealed to Immigration Appeal Division (IAD) — IAD dismissed appeal — Applicant applied for judicial review — Application dismissed — IAD considered all relevant evidence — It was reasonable for IAD to conclude that, given that applicant only spent two weeks per year with wife, he had not achieved genuine marriage — IAD’s credibility findings were reasonable and demonstrated that applicant and wife failed to communicate on very basic matters — IAD did not unreasonably conclude that wife was looking for foreign husband

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