Judicial Review Cases - Spousal Sponsorship Application: Failure to Consider Significant Evidence of Cohabitation by IRCC
Overview
Thanh Duy Nguyen ("Applicant") sought judicial review of an immigration officer's decision, dated November 4, 2022, which refused his application for permanent residence under the spousal class. The officer determined that the marriage between Nguyen and his sponsor, Mariela Ascencio, was entered into primarily to acquire immigration status and that the couple did not cohabit.
Context
The Applicant, a Vietnamese national, came to Canada in 2018 for studies and met the Sponsor in early 2020. They began a relationship, got engaged, and eventually married in April 2021. Nguyen applied for permanent residence in September 2021, but the Immigration, Refugees and Citizenship Canada (IRCC) raised concerns about the genuineness of the marriage and cohabitation. Despite additional documents submitted in response to a procedural fairness letter, the application was rejected.
Key Points
Reasonableness Standard: The judicial review focused on whether the officer’s decision was reasonable. The reasonableness standard applies to administrative decisions unless rebutted, which was not the case here.
Procedural Fairness: The standard for procedural fairness is correctness, but this issue was not central due to the finding on reasonableness.
Evidentiary Dispute: The officer's decision was challenged on the grounds of evidence interpretation, particularly regarding the bona fide nature of the marriage and the couple's cohabitation.
Marriage for Immigration Status: The officer determined the marriage was primarily for immigration benefits. Nguyen's arguments largely contested the officer's evaluation of evidence, such as social media interactions and personal communications.
Cohabitation Evidence: The officer found insufficient evidence of cohabitation, citing bank transactions distant from the claimed residence and initially dismissing a lease agreement signed by Nguyen, the Sponsor, and her mother. The officer only considered a subsequent lease renewal signed by the Sponsor and her mother.
Lesson Learned
Administrative decisions, particularly those involving personal relationships and immigration status, require careful and comprehensive consideration of all evidence. Overlooking critical documents, like the original lease in this case, can render decisions unreasonable and subject to judicial review and potential reversal.
Conclusion
The Court found the officer’s decision unreasonable due to the failure to consider significant evidence of cohabitation, specifically the original lease agreement. As a result, the application for judicial review was granted, and the case was remitted for redetermination by a different officer. No procedural fairness issues were addressed, and no question was certified.
Regards,
Rema and Rebecca
