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Questions and Answers
What was the applicant's citizenship at the time of the application?
What was the applicant's citizenship at the time of the application?
- American
- International
- Canadian
- Chinese (correct)
In Ms. Yang's permanent residency application, what critical information did she initially fail to disclose?
In Ms. Yang's permanent residency application, what critical information did she initially fail to disclose?
- Her previous marriage in China
- Her father's immigration status in Canada
- Her relationship with the applicant as a common-law partner (correct)
- Her intention to study at Bond International College
In which year did the applicant and Ms. Yang first express their intention to permanently remain together?
In which year did the applicant and Ms. Yang first express their intention to permanently remain together?
- 2006
- 2005 (correct)
- 2002
- 2004
Under which immigration class did the applicant apply for permanent resident status?
Under which immigration class did the applicant apply for permanent resident status?
What was the date of the immigration officer's decision that is under judicial review?
What was the date of the immigration officer's decision that is under judicial review?
The judicial review is primarily concerned with challenging:
The judicial review is primarily concerned with challenging:
In which city was the Reasons for Judgement and Judgement issued?
In which city was the Reasons for Judgement and Judgement issued?
Who presided over the judicial review as indicated in the document?
Who presided over the judicial review as indicated in the document?
What is the minimum period of cohabitation required to define a relationship as common-law partnership under Canadian immigration law according to the provided text?
What is the minimum period of cohabitation required to define a relationship as common-law partnership under Canadian immigration law according to the provided text?
Where must a foreign national cohabit with their sponsor to be considered a member of the spouse or common-law partner in Canada class?
Where must a foreign national cohabit with their sponsor to be considered a member of the spouse or common-law partner in Canada class?
What immigration status must a foreign national hold in Canada to be eligible to be sponsored as a spouse or common-law partner under the described class?
What immigration status must a foreign national hold in Canada to be eligible to be sponsored as a spouse or common-law partner under the described class?
For a foreign national to be considered in the spouse or common-law partner in Canada class, what type of application must be submitted on their behalf?
For a foreign national to be considered in the spouse or common-law partner in Canada class, what type of application must be submitted on their behalf?
Which of the following conditions is NOT explicitly mentioned in the text as a requirement for a foreign national to be considered a member of the spouse or common-law partner in Canada class?
Which of the following conditions is NOT explicitly mentioned in the text as a requirement for a foreign national to be considered a member of the spouse or common-law partner in Canada class?
According to the applicant's argument, when did their relationship with the sponsor fulfill the requirements of a common-law relationship?
According to the applicant's argument, when did their relationship with the sponsor fulfill the requirements of a common-law relationship?
According to the Regulations cited, what is the minimum cohabitation period required to define a common-law partnership?
According to the Regulations cited, what is the minimum cohabitation period required to define a common-law partnership?
What does the provided text indicate about the definition of 'conjugal relationship' within the Regulations?
What does the provided text indicate about the definition of 'conjugal relationship' within the Regulations?
In the context of determining a conjugal relationship, the Operating Procedures referenced in the text are derived from which source?
In the context of determining a conjugal relationship, the Operating Procedures referenced in the text are derived from which source?
What is the primary significance of the case Siev v. Canada (Minister of Citizenship and Immigration) as mentioned in the text?
What is the primary significance of the case Siev v. Canada (Minister of Citizenship and Immigration) as mentioned in the text?
Which of the following is identified as a criterion for determining a conjugal relationship according to the Operating Procedures (OP 2)?
Which of the following is identified as a criterion for determining a conjugal relationship according to the Operating Procedures (OP 2)?
Under the criteria for conjugal relationships, 'sexual and personal behaviour' primarily encompasses considerations of:
Under the criteria for conjugal relationships, 'sexual and personal behaviour' primarily encompasses considerations of:
What is the overarching purpose of the criteria listed in OP 2, derived from the Supreme Court's ruling in M. v. H., for assessing conjugal relationships?
What is the overarching purpose of the criteria listed in OP 2, derived from the Supreme Court's ruling in M. v. H., for assessing conjugal relationships?
Under what condition is a foreign national NOT considered a member of the spouse or common-law partner in Canada class due to their relationship with the sponsor?
Under what condition is a foreign national NOT considered a member of the spouse or common-law partner in Canada class due to their relationship with the sponsor?
The standard of review applied in this application is described as reasonableness. This is because the central issue is a question of:
The standard of review applied in this application is described as reasonableness. This is because the central issue is a question of:
The immigration officer denied the applicant's permanent residence application under section 124 of the Regulations. What was the primary reason for this denial?
The immigration officer denied the applicant's permanent residence application under section 124 of the Regulations. What was the primary reason for this denial?
Which element is identified as a foundational aspect of a conjugal relationship?
Which element is identified as a foundational aspect of a conjugal relationship?
Interdependence in a conjugal relationship encompasses which combination of factors?
Interdependence in a conjugal relationship encompasses which combination of factors?
The central point of contention in this case is whether the sponsor was obligated to declare the applicant as her common-law partner when she applied for permanent residence. According to paragraph 125(1)(d) of the Regulations, this obligation hinges on:
The central point of contention in this case is whether the sponsor was obligated to declare the applicant as her common-law partner when she applied for permanent residence. According to paragraph 125(1)(d) of the Regulations, this obligation hinges on:
What does the characteristic of 'exclusivity' signify within the context of a conjugal relationship?
What does the characteristic of 'exclusivity' signify within the context of a conjugal relationship?
The text mentions that there is 'no dispute' regarding a specific fact. What fact is undisputed between the involved parties?
The text mentions that there is 'no dispute' regarding a specific fact. What fact is undisputed between the involved parties?
The criterion 'present themselves as a couple' in a conjugal relationship implies:
The criterion 'present themselves as a couple' in a conjugal relationship implies:
According to the sponsor's application to sponsor and undertaking, when did her relationship with the applicant purportedly begin?
According to the sponsor's application to sponsor and undertaking, when did her relationship with the applicant purportedly begin?
In the described immigration case, what was identified as a potential gap in the immigration officer's assessment?
In the described immigration case, what was identified as a potential gap in the immigration officer's assessment?
The analysis in the text primarily aims to determine if:
The analysis in the text primarily aims to determine if:
What is the significance of the date 'January 27, 2005' mentioned in the text?
What is the significance of the date 'January 27, 2005' mentioned in the text?
Why might young students living together not immediately fulfill the criteria of a conjugal relationship?
Why might young students living together not immediately fulfill the criteria of a conjugal relationship?
For immigration purposes related to common-law sponsorship, at what specific time was the 'mutual commitment to a shared life' deemed particularly relevant?
For immigration purposes related to common-law sponsorship, at what specific time was the 'mutual commitment to a shared life' deemed particularly relevant?
The text implies that residing together as students differs from a conjugal relationship primarily due to potential differences in:
The text implies that residing together as students differs from a conjugal relationship primarily due to potential differences in:
What was the primary deficiency identified by the court in the immigration officer's assessment of the applicant's common-law partnership?
What was the primary deficiency identified by the court in the immigration officer's assessment of the applicant's common-law partnership?
According to the evidence presented, around what time did the applicant and his sponsor begin to demonstrate the characteristics of a committed common-law partnership?
According to the evidence presented, around what time did the applicant and his sponsor begin to demonstrate the characteristics of a committed common-law partnership?
Which piece of evidence was cited as demonstrating the later development of the common-law partnership, occurring after June 2005?
Which piece of evidence was cited as demonstrating the later development of the common-law partnership, occurring after June 2005?
Why did Justice Rouleau's ruling in Siev become relevant to this judicial review?
Why did Justice Rouleau's ruling in Siev become relevant to this judicial review?
What was the immediate outcome of the judicial review for the applicant's permanent residence application?
What was the immediate outcome of the judicial review for the applicant's permanent residence application?
Beyond the legal arguments, what additional aspect did the court suggest should be considered in the applicant's case?
Beyond the legal arguments, what additional aspect did the court suggest should be considered in the applicant's case?
According to the 'JUDGMENT' section, what were the specific orders issued by the Federal Court?
According to the 'JUDGMENT' section, what were the specific orders issued by the Federal Court?
Who is identified as the presiding Judge who issued the orders and judgment in this case?
Who is identified as the presiding Judge who issued the orders and judgment in this case?
Flashcards
Common-law partner
Common-law partner
A person cohabiting with another in a conjugal relationship for at least one year.
Member of the spouse or common-law partner class in Canada
Member of the spouse or common-law partner class in Canada
A person who is a spouse or common-law partner of a Canadian sponsor and lives with them in Canada.
Temporary resident status
Temporary resident status
A person residing in Canada with temporary resident status, meaning they are allowed to live in Canada for a limited time.
Sponsorship application
Sponsorship application
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Excluded relationships
Excluded relationships
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Judicial Review
Judicial Review
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Permanent Resident Status
Permanent Resident Status
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Applicant
Applicant
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Sponsor
Sponsor
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Spouse or Common-law Partner in Canada Class
Spouse or Common-law Partner in Canada Class
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Interview
Interview
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Immigration Officer's Decision
Immigration Officer's Decision
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Regulation
Regulation
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Legal Test
Legal Test
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Standard of Review
Standard of Review
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Analysis
Analysis
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Non-Accompanying Family Member
Non-Accompanying Family Member
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Common-law relationship
Common-law relationship
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Operating Procedures (OP)
Operating Procedures (OP)
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M.v.H.
M.v.H.
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Cohabitation
Cohabitation
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Period of cohabitation
Period of cohabitation
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What defines a conjugal relationship?
What defines a conjugal relationship?
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What is meant by exclusiveness in a conjugal relationship?
What is meant by exclusiveness in a conjugal relationship?
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Explain interdependence in a conjugal relationship.
Explain interdependence in a conjugal relationship.
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What does it mean for a conjugal relationship to be 'present as a couple'?
What does it mean for a conjugal relationship to be 'present as a couple'?
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What are common-law partners?
What are common-law partners?
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What is the significance of the date of a sponsorship application in relation to common-law partnerships?
What is the significance of the date of a sponsorship application in relation to common-law partnerships?
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What are the two critical factors the immigration officer must assess to determine whether the relationship meets the criteria for a common-law partner?
What are the two critical factors the immigration officer must assess to determine whether the relationship meets the criteria for a common-law partner?
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Why might the factors for a common-law partnership be more difficult to establish for student couples?
Why might the factors for a common-law partnership be more difficult to establish for student couples?
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Humanitarian and compassionate considerations
Humanitarian and compassionate considerations
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Application returned for reconsideration
Application returned for reconsideration
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Certification question
Certification question
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Relationship lacking evidence of common law partnership
Relationship lacking evidence of common law partnership
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Allowing the application for judicial review
Allowing the application for judicial review
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Study Notes
Case Details
- Case: CAI, CHANGBIN v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
- Docket: IMM-6729-06
- Date: August 3, 2007
- Location: Ottawa, Ontario
- Court: Federal Court
- Applicant: CAI, CHANGBIN
- Respondent: THE MINISTER OF CITIZENSHIP AND IMMIGRATION
- Judge: The Honourable Mr. Justice Kelen
Reasons for Judicial Review
- Applicant applied for permanent resident status under the spouse or common-law partner class.
- Application was refused on December 5, 2006.
- Applicant is a citizen of China and has lived in Canada since June 30, 2001.
- Met common-law partner, Wen Yang, while studying in Canada.
- Shared a house with other students in Toronto from May to November 2002.
- Resided together in Ottawa since December 2002.
- Expressed intention to remain together permanently in July/August 2005.
- Shared expenses and socialized as a couple.
- Applied for permanent resident status on September 13, 2006.
- Applicant and sponsor were interviewed on November 28, 2006.
- Application was refused on December 6, 2006.
Relevant Legislation
- Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the Act)
- Immigration and Refugee Protection Regulations, SOR/2002-227 (the Regulations)
- Relevant Regulation: 125(1)(d)
Definitions
- Common-law partner: Individual cohabiting with a person in a conjugal relationship, cohabitated for at least one year.
- Member: Foreign national who is part of a spouse or common-law partner class
Issue
- Immigration officer's determination that the applicant was the sponsor's common law partner.
- Issue whether the common-law partner definition applied at time of the initial sponsorship application (January 27, 2005).
Standard of Review
- Reasonableness
Analysis
- Immigration officer's decision: based on applicant's status as a non-accompanying family member of sponsor during her initial application.
- Applicant and sponsor relationship: Began on June 1, 2002.
- Not meeting common-law requirements by date of initial sponsorship application.
- Concluded that the applicant was not the common-law partner at time of sponsor's application.
- Applicant's application returned for reconsideration by different immigration officer.
Judgement
- Application for judicial review allowed.
- Applicant's application for permanent residence returned for reconsideration.
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