Meelu v. Canada (Minister of Citizenship and Immigration)

IMM-841-99

Gibson J.

7/1/00

Application for judicial review of IRB Appeal Division (Tribunal) decision applicant's marriage primarily for purpose of permitting wife to gain admission to Canada as member of family class--Application allowed--Application of two-pronged test set out in Horbas v. Minister of Employment and Immigration, [1985] 2 F.C. 359 (T.D.): marriage must have been entered into primarily for purpose of gaining admission into Canada as member of family class and, on balance of probabilities, must be no intention of permanent cohabitation--On second part of test, Tribunal simply concluded, without analysis, applicant failed to establish on balance of probabilities spouse had intention of residing permanently with him--On facts, Tribunal failed to take into account relevant evidence (upbringing, personality, education, lifestyle, relatives in Canada) before it and, in so doing, erred in reviewable manner.