Canada ( Solicitor General ) v. Bisla
IMM-5690-93
Denault J.
28/11/94
5 pp.
Application for judicial review of decision of Immigration and Refugee Board allowing respondent's appeal from visa officer's decision refusing sponsored application for permanent residence from outside Canada made by respondent's wife-Respondent citizen of India obtaining in 1983 permanent resident status in Canada-Married sponsored applicant in August 1992 in India-Sponsoring wife's application for landing to Canada-Application refused by visa officer under Immigration Regulations, s. 4(3)-Board finding answers provided by sponsored applicant during interview with visa officer did not reveal intention not to reside permanently with respondent in Canada-Board member misapprehending evidence before him-In deciding whether sponsored applicant had intention of permanently residing with husband in Canada, Board must look at sponsored applicant's intentions, not husband's beliefs or intentions-Board failing to consider clear and uncontradicted evidence of sponsored applicant-S. 4(3) must be read in entire context-Two elements contained in s. 4(3) not representing distinct and separate tests-Evidence relevant to issue of entering marriage primarily for gaining admission to Canada can be relevant to assessment of intention of residing permanently with sponsoring spouse-Board failing to examine actual intentions of wife-Application allowed-Immigration Regulations, 1978, SOR/78-172, s. 4(3) (as am. SOR/84-140, s. 1).