Chan v. Canada (Minister of Citizenship and Immigration), docket IMM-664-98

Date: 19980812

Docket: IMM-664-98

BETWEEN:

     LIANG KIT CHAN,

     Applicant,

     - and -

     THE MINISTER OF CITIZENSHIP

     AND IMMIGRATION,

     Respondent.

     REASONS FOR ORDER

REED, J.

[1]      The applicant seeks an order setting aside a decision of the Immigration Appeal Division (IAD), which found that the applicant's wife was not a member of the applicant's family class because she had entered into marriage with him primarily for the purpose of gaining admission to Canada and not with the intention of residing with him permanently.

[2]      The challenge to the IAD decision is based on two grounds: (1) the IAD placed undue weight on one sentence in one letter sent by the wife to the applicant, a sentence expressing the opinion that "if possible it would be best to move in with my mother [in Canada]"; (2) the IAD imposed western marriage standards on this marriage, not recognizing that many Chinese marriages involve an older man and a younger woman and will not exhibit the same indicia that one finds in a western marriage.

[3]      I agree that the IAD appears to have over emphasized, indeed, perhaps mischaracterized the comment in the letter sent by the wife to the applicant. However, on reading the decision as a whole, the IAD's reference to that comment cannot be characterized as grounds for setting aside its decision.

[4]      The IAD did a careful analysis of the evidence, concluding that the marriage appeared to be more of a business arrangement rather than a love match. The IAD noted, however, that it was not inconceivable that individuals would marry for companionship or for reasons other than love. It concluded that insofar as the husband was concerned his decision to marry was sincerely based on a desire for companionship. It could not similarly conclude that this was true for the wife. The IAD noted that she had property and a career in China, that there was no evidence that she had been lonely or had been seeking a husband there, that all her immediate family appeared to be in Canada, including her son and ex-husband. The IAD noted a lack of evidence that the couple had any shared interests, philosophy or ideals, and that there was a lack of evidence concerning agreement on where they would live when the wife came to Canada.

[5]      When the husband was asked how he had reacted to his wife's suggestion that they live with her mother, he at first denied that she had made such a suggestion and then stated that he did not remember reading that part of her letter. He resides in a two room apartment above a restaurant in a building owned with two other business partners. He is sixty-seven years old and had never been married before. That there is an absence of discussion by the parties of where they will live, given the wife's suggestion, is surprising.

[6]      I cannot conclude that the IAD ignored or misconstrued the evidence or that it applied western marriage concepts to a Chinese marriage. The reasons indicate to me that there was an acceptance that a marriage between a younger woman and an older man could be entered into for companionship or for reasons other than love, and that western marriage concepts were not being imposed. At the same time, the IAD concluded that the facts surrounding this particular marriage required a conclusion that it was entered into by the wife for the purpose of gaining admission to Canada and without an intention to reside permanently with the applicant. This is a conclusion that was open to it on the record.

[7]      For the reason given the application must be dismissed.

                             (Sgd.) "B. Reed"

                                 Judge

Vancouver, British Columbia

12 August 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-664-98

                             - and -

DATE OF HEARING:                  WEDNESDAY, AUGUST 12, 1998

PLACE OF HEARING:                  VANCOUVER, BRITISH COLUMBIA

REASONS FOR ORDER BY:              REED, J.

DATED:                          AUGUST 12, 1998

APPEARANCES:                     

                             Mr. Robert Seto

                             For the Applicant

                             Ms. Wendy Petersmeyer

                             For the Respondent

SOLICITORS OF RECORD:             

                             Jan Cheung Lee

                             Barristers and Solicitors

                             Suite 1507 - 808 Nelson Street

                             Vancouver, BC

                             V6Z 2H2

                             For the Applicant

                              Morris Rosenberg

                             Deputy Attorney General

                             of Canada

                             For the Respondent