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| Subject: False Allegations - Marriage |
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To All
Many times when people submit Spousal Sponsorship applications whether inside of Canada or outside of Canada CIC receives information that the marriage is not genuine. CIC Officers are over joyed at getting this type of information.
These comments have always been called poison pen letters even if it is a message left or a call to the CIC call centre it still is termed a poison pen letter.
These comments are rarely if ever investigated properly but are accepted as fact far too often.
Finally one person who submitted an In Canada Application who knew that they were in a genuine marriage decided to fight back. Luckily they had deep enough pockets to take the matter to the Federal court for a Judicial Review.
A Nigerian woman Oluremi Esther Akinmayowa was being sponsored by her Canadian husband from within Canada. Some one sent CIC a poison pen letter accusing her of paying her husband $8,000.00 to marry her.
Anyone in the Immigration business as well the CIC Officer should of realized the amount alleged was excessive and therefor lack credibility.
The CIC Officer never told the applicant or her Canadian husband of the poison pen letter yet called the couple for a spousal interview. The CIC Officer claimed there was discrepancies and refused the In Canada Spousal Sponsorship.
Just before the judicial review hearing at the Federal court Counsel found out that there had been a poison pen letter which had not been disclosed.
Federal Court of Canada Judge Michael Kelen found that some of the so-called discrepancies at the interview could be explained, and that the vast majority of answers given were, in fact, consistent and identical. The court concluded that, “Undoubtedly, the ‘whistle-blowing’ letter influenced the officer, as it would anyone.”
Judge Michael Kelen set aside the decision and concluded that “the rules of natural justice and the duty to act fairly require that the immigration department disclose such letters to the applicant concerned so that the applicant has an opportunity to respond before the decision-maker is influenced by this letter.”
We should all be thankful for the deep pockets of her husband and him screaming from the highest hill when something is wrong and standing up for his rights.
Hopefully when one gets their CAIP or Foss notes and they see a comment about poison pen, they will demand to learn about the content of negative comments.
Roy
cvimmigration.com
[30-03-2011,07:41]
[**.245.183.126]
Roy |
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