Court dismisses petition in the Canada PR Visa fraud case

The Canadian court has dismissed review petition in a Canada PR Visa fraud case - Gurpreet Kaur IMM-4069-17 2018 FC 657. The applicant Gurpreet Kaur is an Indian national who resided for a while in Canada as a provisional worker. She married a Canadian citizen Surjeet Singh Nahal originally an Indian.

 

Gurpreet Kaur applied for Canada PR Visa under the provision for Canadians’ spouses present in Canada. Her application was rejected by the Immigration Officer on the grounds of inauthentic marriage. The marriage existed solely for purposes of immigration, concluded the officer.

 

The Court had reviewed several earlier marriages of the Sponsor. It also reviewed the marriage of the Applicant and the Sponsor, as quoted by the CIC News.

 

The Sponsor arrived in Canada being sponsored by his first wife, who was also from India. Later he consecutively married 4 Indian citizens and attempted to sponsor them. He was successful in sponsoring his 2nd and 4th wives. The sponsorship application for the 3rd wife was denied on grounds of being based on wedlock of convenience.

 

The Immigration Officer observed that the Sponsor had committed adultery during his first 4 marriages. Some of the divorces of the Sponsor were on grounds of mental cruelty.

 

The reasonableness of the decision of the Officer was challenged by the Applicant. The issue of bad faith of the Officer was also raised.

 

The Court said that the Officer was reasonable in his statements in the Canada PR Visa fraud case. It upheld the view that a child is not in itself a flawless evidence of the authenticity of the union. The court found that the consideration of the Officer was highly reasonable. This was also true for his evaluation of past of the Sponsor and the relationship of the Applicant and the Sponsor.

 

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