 
 
 
 
 
IAD File No. / No de dossier de la SAI : VB2 -03447  
 
Client ID no. / No ID client : 3145 -9988  
 
Reasons and Decision  Motifs et décisio n 
 
SPONSORSHIP  
 
 
Appellant(s)  XXXXXXXXXXXXXXXXXXXX  Appelan t(e)(s) 
 
 
 
Respondent  The Minister of Citizenship and Immigration  Intimé(e)  
 
 
 
Date(s) of Hearing  October 16, 2013  Date(s) de  l’audience  
 
 
 
Place of Hearing  Vancouver, BC  Lieu de l’audience  
   
  
 
Date of Decision  Octo ber 16, 2013  (rendered orally)  Date de la décision  
Octo ber 23, 2013  (written decision)  
 
 
Panel  XXXXXXXXXXXXX  Tribunal  
 
 
 
Counsel for the  XXXXXXXXXXXXXXXX  Conseil(s) de  
Appellant(s)  Barrister and Solicitor  l’appelant(e) / des  
  appel ant(e)(s)  
 
 
Designated  N/A  Représentant(e)(s)  
Representative(s)   Désigné(e)(s)  
 
 
 
Counsel for the Minister  XXXXXXXXXXXXX  Conseil du ministre  
 
2013 CanLII 99871 (CA IRB)
IAD File No. / N° de dossier de la SAI : VB2 -03447  
 
 REASONS FOR DECISION  
 
[1] These ar e the oral reasons for decision . XXXXXXXXXXXXXXXXXXXX  (the “appellan t”) 
appeals the refusal of the sponsored application for pe rmanent residence in Canada of XXXXXXXXXXXX (the “applicant ”), from China.  The applicant's application was refused because in the opinion 
of visa officer, the requirements of subsection 12(1) of the  Immigration and Refugee Protection 
Act  (the “ Act ”)1 were not met in that the applicant is a person caught by the exclusionary 
provision of subsection  4(1) of the Immigration and Refugee Protection Regulations  (the 
“Regulations ”).2 
 
[2] Subs ection 4(1) of the Regulations reads as follows,  
4(1) For the purposes of these Regulations, a foreign national shall not be 
considered a spouse, a common -law partner or a conjugal partner of a person if 
the marriage, common -law partnership or conjugal partnership  
(a) was e ntered into primarily for the purpose of acquiring any status or 
privilege under the Act; or  
(b) is not genuine.  
 
 
[3] To succeed on appeal under subsection 4(1) of the Regulations , the appellant must 
establish, on a balance of probabilities, both that the mar riage was not entered into primarily for 
the purpose of acquiring a status or privilege under the Act  and that it is genuine. To dismiss the 
appeal, the panel must find that the marriage is not genuine or that it was entered into primarily 
for the purpose of acquiring any status or privilege under the Act . 
 
[4] The refusal letter in the R ecord articulates the visa officer's concern with respect to this 
application. The visa officer was not satisfied, among others, that the appellant and applicant 
were compatibl e, given language barriers and the number of times the appellant had been 
previously married.  
 
                                                                 
1 Immigration and Refugee Protection Act , S.C. 2001, c. 27.   
2 Immigration and Refugee Protection Regulations , SOR/2010 –208, s. 1.  
2013 CanLII 99871 (CA IRB)
IAD File No. / No de dossier de la SAI :  VB2 -03447  
 [5] The appellant and applicant both testified at the hearing. I have considered the ir 
testimony, materials in the R ecord and consent of the Minister. The appellant  has met the onus of 
establishing, on a balance of probabilities, that the applicant is not caught by the Regulation 4(1) 
provision. I found the witness testimony also reliable and its substance is satisfactory to address 
both prongs of the Regulation  4(1)  test.  
 
[6] Having considered the totality of the evidence, and given the consent of the Minister, I 
am satisfied the appellant has established his case on a preponderance of credible and reliable 
evidence.  I conclude that, on the balance  of probabilities , the  marriage is genuine and not one 
entered into primarily for an immigration -related purpose. The appeal is allowed.  
 
[Edited for spelling, grammar and syntax.]   
 
NOTICE OF DECISION  
 
 After reviewing the information in this appeal, and the consent of the Min ister , the appeal 
is allowed.  The officer’s decision to refuse a permanent res ident visa is set aside, and an  officer 
must continue processing the application in accordance with the consent  of the Minister . 
 
 
(signed)  "XXXXXXXXXXXXX"  
 XXXXXXXXXXXXX  
 
October 23, 2013  
 Date  
 
Judicial Review – Under section 72 of the Immigration and Refugee Protection Act , you may make an application to the Federal Court for 
judicial review of this decision, with leave of that Court.  You may wish to get advice from counsel as soon as possible, since there are time limits 
for this application.  
2013 CanLII 99871 (CA IRB)

