2009 FC 1310
December 23, 2009
Principle Established: Age remains a relevant factor while considering genuineness of a marriage.
The applicant was a 46 year old teacher who married her 22 year old student. The young spouse initially entered Canada as a refugee, but his refugee claim was later refused and he had to leave Canada. The couple decided to get married prior to the spouse departure to his home country, Pakistan. They later filed an application for sponsorship that was denied.
One issue raised in this case was to determine whether the IAD erred in concluding that the marriage was not genuine based on age.
The Court pointed out that age remains a relevant factor while determining the genuineness of a marriage. However, if there are other factors that can be used to determine the genuineness of the relationship, the IAD should consider them as well.
The Court was not satisfied that the IAD had considered all the evidence supporting this relationship, and the application for judicial review was allowed.
IAD: Immigration Appeal Division