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May 02, 2023


A visa officer refused the application of sponsorship applied under section 4 (1) of the Immigration and Refugee Protection Regulations stating the following reasons:

Firstly, that the marriage was entered so that the applicant could immigrate to Canada
Secondly, the relationship that was formed between the applicant and the appellant was not proper

The visa officer showed concerns regarding the following things in relation to rejection of visa:

The officer was concerned about the relationship shared between the couple that it was not good and that they did not spend enough time before as well as after the marriage
The wedding photos shown was not proper and that it was not in accordance to the Afghani tradition
The applicant did not have enough knowledge about the prior relationship of the appellant and hardly any knowledge did he have about the daughter of the Appellant.
The officer perceived that the payment of the bridal dowry was an evidence of transaction between both the appellant and the applicant.

In the year 2019, in the month of April, the mother and the younger brother of the appellant travelled to Afghanistan to visit family. While they were on their visit, the mother of the Appellant discussed with one of the family friends regarding the proposed marriage. The family agreed that this is going to be a perfect match.

After proper notification to the parents of both the parties they agreed to marry based on their proposed marriage engagement. The appellant travelled to Afghanistan to marry in the year 2019 on 8th July. A small family gathering was held at their wedding. Right after the marriage, the appellant delayed the submission of application till January 2020 stating that he requires to save the funds so that he can hire a lawyer to prepare the application. After submission of the application, the applicant wanted to save his income so that he can buy a small house once the applicant comes down to Canada. The appellant and the applicant believed that they would be reunited in Canada and that their application would be successful.

On 1st August, 2020 an officer from Canadian visa office contacted the applicant so that questions can be asked about their relationship. Due to limited knowledge in English language, the applicant was having problems in understanding the questions. The applicant was embarrassed because of the questions asked by the officer and felt bad during the conversation. The officer also inquired about the prior relationship with Ms Chris and his daughter Layla.

The officer noted that the Appellant and the applicant avoided conversation in relation to this and they would also feel upset about questions pertaining to this. In the year 2020, November, the appellant as well as the applicant received a notice that the application was refused based on the concerns of the officer about the purpose and genuineness of the application

The decision was appealed later on to the Immigration Appeal Division. To allow the appeal, the member holding the hearing should be satisfied that based on the balance of probabilities, the marriage was not entered into for the purpose of immigration purpose.

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