Canada (Citizenship and Immigration) v. Xie, 2013 FC 666 (2013)

Parts:Canada (Citizenship and Immigration) v. Xie
Reporting Judge:The Honourable Madam Justice Kane
Docket Number:IMM-8435-12
 
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Federal Court - Canada (Citizenship and Immigration) v. Xie

Source: http://decisions.fct-cf.gc.ca/en/2013/2013fc666/2013fc666.html

Date: 20130617

Docket: IMM-8435-12

Citation: 2013 FC 666

Ottawa , Ontario , June 17, 2013

PRESENT: The Honourable Madam Justice Kane

BETWEEN:

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Applicant

and

WEI HONG XIE

Respondent

REASONS FOR JUDGMENT AND JUDGMENT

[1] The Minister of Citizenship and Immigration (the applicant) seeks judicial review pursuant to subsection 72(1) of the Immigration and Refugee Protection Act , SC 2001, c 27 (the Act ) of the August 1, 2012 decision of the Immigration Appeal Division of the Immigration and Refugee Board (the Board) which allowed the appeal by Ms Xie (who was then the appellant) of the decision of a Visa Officer (the Officer) at the Office of the Consulate General of Canada in Hong Kong, dated October 8, 2009. The Officer refused to issue a permanent resident visa to the appellant’s spouse, Mr Liang. As the Minister has applied to review the appeal decision of the Board, Ms Xie is the respondent in the present proceeding.

Background

[2] Ms Xie (the respondent) was sponsored to come to Canada by her first husband and she obtained permanent residence on December 15 th , 1999. The marriage ended in 2002 due to her husband’s extra-marital affair. Ms Xie then had a common-law relationship that also ended due to her partner’s affair. After this relationship ended Ms Xie discovered she was pregnant with her son, who was born in February 2004.

[3] Ms Xie had returned to China for a family visit in 2003. While delivering a parcel on behalf of her Canadian roommate, she met Mr Liang. Following her return to Canada, she and Mr Liang spoke on the phone frequently. In November of 2004, Mr Liang proposed to Ms Xie by telephone. They were married in China on January 19, 2005. Ms Xie and her son visited Mr Liang on four separate occasions in China, including for a period of one year in 2005-2006 and for other periods of up to three months.

[4] Since their marriage, Ms Xie attempted to sponsor her husband’s application for permanent residence three times and on each occasion the visa was refused.

[5] On the third sponsorship application, Mr Liang admitted to relying on two pages of preparatory material, referred to by the Officer as “cheat sheets”. The Officer refused Mr Liang’s permanent residency on two grounds: pursuant to subsection 4(1) of the Regulations, that the marriage was not genuine and was entered into primarily for the purpose of Mr Liang gaining entry into Canada; and, pursuant to paragraph 40(1)(a) of the Act, that the applicant was inadmissible for misrepresentation due to the reliance on the so-called “cheat sheets”.

[6] Ms Xie appealed the decision to the Immigration Appeal Division of the Immigration and Refugee Board (the Board). The Board allowed the appeal and concluded that Ms Xie and Mr Liang did indeed have a genuine marriage.

[7] The Minister of Citizenship and Immigration (the applicant) now seeks judicial review of the decision of the Board.

Decision under review

[8] The Board conducted a detailed review of the oral...

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