- CIC officers could request the sponsored spouse or partner for evidence of compliance
- This is in case the officers believe that:
- The spouse or partner is not complying with the condition or,
- The spouse or partner has not complied with the condition
- CIC officers could also request for evidence of compliance as part of a random assessment of the overall level of compliance with the condition
- This would give an indication of the levels of compliance by the permanent residents who:
- Are subject to the condition at present or,
- Were subject to the condition previously
- CIC officers could also determine whether the sponsored person has failed to adhere to the condition during or after the two-year conditional period (in accordance with S 72.4)
- CIC officers could revoke the permanent resident status of the sponsored person if:
- The sponsored spouse or partner does not meet the condition of cohabiting in a conjugal relationship with the sponsor during the two-year conditional period and,
- The sponsored spouse or partner is not eligible for an exception to the application of the condition
- In this case, the CIC officer would write a report of inadmissibility based on:
- Non-compliance with S 41 (a) of the Act and,
- Failure of the sponsored person to meet the condition imposed as per S 72.1 (1)
- The CIC officer would refer this report to the Immigration Division (ID) of the Immigration and Refugee Board (IRB) for:
- A hearing and,
- The subsequent issuance of a removal order (if applicable)
- Once the IRB issues the removal order, the sponsored person could appeal the removal order before the Immigration Appeal Division (IAD) of the IRB (in accordance with Section 63 (3) of the IRPA)
- The IAD has the authority to accept an appeal based on humanitarian and compassionate grounds (this could include the Best Interest of the Child (BIOC) considerations)
- If the IAD dismisses the appeal, the officers could:
- Enforce the removal order by,
- Revoking the status of permanent residence from the sponsored person and,
- Executing the removal actions required
Source: Citizenship and Immigration
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