Citizenship and Immigration
Status in Canada
Permanent Residents
Judicial review of decision denying claim to permanent resident status—Anonymous call indicating applicant, immigration sponsor separated leading Citizenship and Immigration Canada (CIC) to conduct separate interviews with them, enquiring mainly about recent common activities—CIC officer concluding marital relationship not genuine—Conclusions not reasonably supported by evidence—Failed to ask supplementary questions which would have clarified perceived inconsistencies—Answers inconclusive, but not inconsistent—Many other answers consistent and indicative of genuine relationship—Danger in placing too much significance on few relatively minor inconsistencies—Unclear whether officer’s notes verbatim or paraphrasing—Good practice to record such interviews—Nothing in officer’s decision suggesting influenced by anonymous tip leading to investigation into bona fides of relationship—Application allowed.
Valverde v. Canada (Minister of Citizenship and Immigration) (IMM-5356-07, 2008 FC 1418, Barnes J., judgment dated December 31, 2008, 7 pp.)