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| Subject: Immigrants need not declare affairs |
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November 10, 2011 - The Toronto Star
by Nicholas Keung:
Must people declare their extra-marital relationships when applying for immigration to Canada?
“Surely our society has not found itself at that point,” said Federal Court of Canada Justice Roger Hughes in overturning a decision by Citizenship and Immigration Canada to reject an application based on “misrepresentation.”
In February, immigration officials refused an application by Kolowole Osisanwo, a Canadian citizen, to sponsor his mother, Modupe Adedoyin, father Cladius Alaba and sibling Olakunle to Canada from Nigeria.
Canadian officials, “for some unstated reason,” had ordered the couple and Olakunle to take a DNA test despite a government-issued birth certificate that confirmed their relationship.
Test results found that Cladius wasn’t the father. Thus immigration officials “determined that the registration of birth document was fraudulent and that Modupe had made material misrepresentation.”
The family appealed.
In her affidavit, the mother said she and her husband had been married for 42 years, but had a bad patch 28 years ago, at which time she had an affair with another man. She said she did not know Cladius was not the biological father.
In his recent ruling, Justice Hughes said he believed the woman had no intent to mislead.
“The uncontradicted evidence is that Cladius accepted the child and, with Modupe, raised the child as his own. He had no reason to believe otherwise,” Hughes wrote.
“History is replete with children born to and raised by a married couple, believing it to be their own. . . There was no reasonable basis for concluding that there was (reason) to mislead.”
[11-11-2011,10:35]
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gaitri |
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(in reply to: Immigrants need not declare affairs)
This is a huge decision!
http://decisions.fct-cf.gc.ca/en/2011/2011fc1126/2011fc1126.html
It should also affect certain 117 (9) (d) refusals as well. If a man has an affair then becomes a PR would he have to declare every one night stand that MIGHT have created a child?
Roy
cvimmigration.com
[11-11-2011,12:44]
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Roy |
UNBELIEVABLE (in reply to: Immigrants need not declare affairs)
..She said she did not know Cladius was not the biological father...
[12-11-2011,09:49]
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Anonymous |
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