The Evidence that Officers Would Need to Consider

/ / Published in 2015, Operational Bulletins

Appendix B – The Evidence that Officers Would Need to Consider

Term

Definition

Evidence of CohabitationOfficers would need to use the following documents to confirm whether a sponsored spouse or partner is cohabiting with their sponsor:

  • Joint bank accounts or credit cards
  • Joint ownership of residential property
  • Joint rental receipts
  • Joint residential leases
  • Joint utilities accounts i.e. electricity, gas, telephone etc.
  • Joint management of household expenses and activities
  • Joint purchases of household goods
  • Correspondence addressed to either or both parties at the same address
  • Important documents that bear the same address for both the parties i.e. driver’s licenses, insurance documents etc.
  • Evidence of children of one or both partners residing with the couple
  • Telephone Calls

It is worth mentioning that these elements could be present in varying degrees. As such, officers would not need all these documents for proving cohabitation. This list is also not exhaustive. Therefore, officers have the ability to consider other evidence available.

Cohabitation typically means to live together continuously. However, situations could arise where one or the other partner might leave the home for work or business travel, family obligations and various other purposes from time to time. Ideally, any periods of such separations must be temporary and short.

Officers could refer to section 5.35 of OP 2 for additional information.

Evidence of a Conjugal RelationshipOfficers would need to consider various factors when determining whether the sponsored spouse is in a conjugal relationship. These factors could include:

  • Shared shelter (including sleeping arrangements)
  • Sexual and personal behaviour (especially the presence of feelings like fidelity, commitment etc. for each other) – especially in cases that warrant an interview
  • Services provided with respect to the conduct and habit of sharing household tasks
  • Social activities e.g. their attitude and conduct as a couple in the community and among their families
  • Economic support including financial arrangements, ownership of property etc.
  • Children including their attitude and conduct when it comes to dealing with their children
  • The perception of the society about the couple concerned

It is worth mentioning that this list is a set of elements that the officers would need to consider as a whole or in various combinations. This is because these elements could well constitute evidence of interdependency. In addition, officers would need to remember that these elements could be present in varying degrees. As such, not all these elements need to be present for them to consider a relationship as conjugal.

Officers could refer to section 5.26 of OP 2 for a list of elements and examples of supporting documents that officers could take into consideration in this scenario.

Evidence of Abuse or Neglect or that the Sponsor Failed to Protect from Abuse or NeglectIn situations involving abuse or neglect, the officers would need to rely on the following documents:

  • Court documents or protective orders including:
    • Release orders
    • No-contact orders
    • Bail orders
    • Orders pending trial or appeal
    • Recognisance orders
    • Peace bonds
    • Probation orders (following convictions)
    • Conviction certificates
    • Victim impact statements (that clearly state that incidents of abuse occurred or are believed to have occurred)
  • Letters, reports or statements from:
    • Women’s shelters
    • Domestic abuse support organisation
    • Family services clinic
    • Medical doctors or healthcare professionals
  • Sworn statements or affidavits
  • Police or incident reports and related documents including:
    • Reports that indicate that passports or travel documents were withheld and that the police had to retrieve them
  • Photographs that show the victim having injuries
  • Hard copies of e-mail messages
  • Affidavits from:
    • Friends
    • Family members
    • Neighbours
    • Co-workers
    • Staff members of support agencies, law enforcement agencies etc.

The list given above is not exhaustive in nature. The authorities have specified these items merely to provide examples.

Evidence of DeathIn the event of the death of the sponsor, the officers would need to accept the following types of documents as evidence:

  • A death certificate or,
  • An attestation or confirmation from the funeral home