Citizenship and Immigration
Immigration Practice
Judicial review challenging Immigration Appeal Division of (IAD) Immigration and Refugee Board decision agreeing with immigration officer’s decision applicant’s marriage not genuine—IAD finding marriage not meeting expected essential elements of arranged traditional marriage in India—However, IAD’s implausibility finding not conforming with case law establishing presumption sworn statements true, plausibility findings should be made only in clearest of cases—Even though IAD setting up standard for comparison, decision containing no cogent analysis of evidence produced to address issues expressed in standard—Application allowed.
Dua v. Canada (Minister of Citizenship and Immigration) (IMM-1371-08, 2008 FC 1055, Campbell J., order dated September 18, 2008, 4 pp.)