The appellant applied to sponsor his wife in 2017 to become a permanent resident (PR) of Canada based on their marriage and the fact that they have a son together. The appellant and his wife originally ended their relationship in 2000 and lost touch. In 2004 the appellant immigrated to Canada. In 2008 he and his wife reconnected, and he discovered he has a son. He returned to Nepal and married his wife the same year.
The visa office refused the application thinking that the relationship was not real but rather a marriage/sponsorship of convenience. They also doubted that the son was in fact the appellant’s son.
Anchor Law assisted the appellant to obtain a paternity test to demonstrate that his son is actually his son. We ultimately convinced the Immigration Appeal Division that even though he applied to sponsor his wife 9 years after they were married, and was not able to visit his son family during that time, this was a genuine marriage and that his wife and son are entitled to PR visas. The Immigration Appeal Division overturned the refusals and ordered the embassy to issue the visas.
Full decision and reason
Dorji v Canada (Citizenship and Immigration), 2020 CanLII 40110 (CA IRB)
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