magnumpi

https://www.thestar.com/news/immigra...mpaign_id=A100

I agree it's odd she got a divorce from husband #1, 6 months after she arrived in Canada but she appears genuine this time round, yeh ?

Since 2008, the Brampton woman has made three failed attempts to bring her husband here, but officials said the birth of a child does not mean the marriage is genuine.

Would people go so far as to cheat Canada’s immigration system by having a baby to cover up a marriage of convenience?

Former Lancastrian

If the price is right then YES.

Shirtback

Hmmm, anyone got any links to canlii for the case(s)?

And yes, as FL says, people do go so far as having a child to "cheat" the system. There are still many many people who believe an 'anchor' baby will help get PR.

Former Lancastrian

Currently we are intervening in a refugee claimants case who says she is married but we suspect the husband is actually her brother. To be resumed in January.

not2old

isn't the 'mail order bride business' alive & thriving in Canada as being the choice destination for Asian brides that would put a smile [or try to get a rise out of] any old Canadian male?

Someone close at aged 58 got himself one from Aruba, three years later + one child, she was gone.

Only in Canada eh!

Not knocking it, just saying

All over the ad's Canadian's looking for friendships, while Thai & filipino looking to get to Canada to marry for money so they can support their family 'back home'

Small sacrifice for long term reward

Shirtback

She/they wouldn't be the first to claim that. See canlii .

BristolUK

Refugees from the Forest of Dean?

Shirtback

In the case originally referred to, if your suppositions are correct, it would be a case of "Mail-order" husband not bride, who is neither Thai nor Filipino, and the spouses in question seem to be relatively close in age.

Just saying...

magnumpi

Also, if it was a fake marriage why would she spend money visiting him every year and why would she send $$ to him?

It's a tricky one, especially when we obviously don't know all the facts, from what I see it is all based on the fact she left hubby #1 after 6 months and now onto bringing hubby 2 over on an arranged marriage situation

Shirtback

Yes, which is why I'll be having a dig around on Canlii later for more info. I'm not convinced the Star has, or has published, all the facts.

GermanytoCanada

The case report makes an interesting read:
https://www.canlii.org/en/ca/irb/doc/2016/2016canlii78742/2016canlii78742.html?searchUrlHash=AAAAAQARYXJyYW5 nZWQgbWFycmlhZ2UAAAAAAQ&resultIndex=16


Basically the child issue is a side point- the issue is that the parties entered into the marriage for the purpose of getting him to Canada. Even if it later blossoms into a genuine marriage, the fact that the initial purpose was bogus means the application fails. On the facts, it seems obvious that he only married her due to her being a Canadian citizen. She would have otherwise been undesirable culturally as a divorcee. He couldn't even say what he liked about her (after 8 years of marriage) other than her massaging his parents' feet every morning!!!

Former Lancastrian

Excellent decision by the Immigration Appeals Division. I wonder if this was then appealed to the Federal Court who overturned the initial decision by the Immigration Division member who ruled on the case.

Shirtback

Having read the case (and the previous refusal in 2011), I tend to agree with the IRB decision(s). I think we're up to a 3rd (possibly 4th?) appeal to the Federal Court now.

Which leads me to wonder just how many appeals can be made? Or is there a point where some court says "enough is enough"??

JonboyE

I didn't realize that Aruba was in Asia.

Former Lancastrian

Most Immigration cases will only get as far as the Federal Court of Appeals and not to the Supreme Court of Canada.

Depending which Province you live in Im pretty sure I got to a maximum of 6 appeals before you run out