Date: 20060126
Docket: IMM-2095-05
Citation: 2006 FC 81
BETWEEN:
THI HOANG OANH PHAM
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
LAYDEN-STEVENSON J.
[1] These are my reasons for dismissing, from the bench, the applicant's application for judicial review of the decision of the Immigration Appeal Division (IAD) of the Immigration and Refugee Board wherein the IAD dismissed the applicant's appeal from a refusal to approve a sponsorship application in relation to her husband.
[2] Ms. Pham is a citizen of Vietnam and a permanent resident of Canada. She travelled to Vietnam in July 2002 and married Mr. Le, a Vietnamese citizen. Her father and brother accompanied her and during the trip, her father also married. Ms. Pham claimed to have been introduced to her husband through her husband's "adopted brother" who also resides in Canada. The couple had not met prior to their marriage although Ms. Pham claims that they communicated by way of telephone and letters between September 2001 and July 2002.
[3] The issue of credibility was determinative. The IAD concluded that the marriage was entered into solely for the purpose of obtaining permanent residency for the husband and was not genuine. In particular, the IAD found that Ms. Pham, her husband and her father were not credible with respect to the genesis of the relationship. It also found that the explanations provided for the deficiencies in the evidence were insufficient. Further, it concluded that Ms. Pham's husband had deliberately lied to the visa officer.
[4] The evidence before the visa officer and before the IAD was fraught with inconsistencies. There were discrepancies between the explanations provided by the applicant and her husband regarding gaps in the evidence. Other than Ms. Pham's statements, there was no evidence of contact between Ms. Pham and her husband before their marriage. There was scant evidence of contact following the marriage prior to the refusal of the sponsorship application. The IAD concluded that the photographs submitted to support the applicant's marriage reception were actually photographs of Ms. Pham's father's wedding.
[5] On any standard of review, the applicant must fail.
[6] The gist of the applicant's argument is concerning the finding of the IAD regarding the photographs. An examination of exhibit "B" (purporting to be a photograph of the applicant's wedding reception) and "C" (purporting to be a photograph of the applicant's father's wedding reception) to the affidavit sworn in support of the application for judicial review reveals good reason for the visa officer and the IAD to conclude that the photographs were taken at the same event.
[7] With respect to the inconsistencies and lies of Ms. Pham's husband during his interview, counsel argued that no weight should be assigned to this factor because although it was correct that there were lies, Ms. Pham's husband did not persist in lying. After being confronted by the visa officer, he ultimately told the truth.
[8] The IAD was not satisfied that the marriage was bona fides. It had every reason not to be so satisfied. Not only was there some evidence upon which its conclusion could be based, there was a wealth of evidence to support its finding. The intervention of the court is not warranted because this application is without merit.
[9] Counsel did not suggest a question for certification and none arises.
"Carolyn Layden-Stevenson"
Toronto, Ontario
January 26, 2006
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2095-05
STYLE OF CAUSE: THI HOANG OANH PHAM
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: January 26, 2006
REASONS FOR ORDER: LAYDEN-STEVENSON J.
DATED: JANUARY 26, 2006
APPEARANCES:
Randal Montgomery For the Applicant
Ladan Shahrooz For the Respondent
SOLICITORS OF RECORD:
Randal Montgomery For the Applicant
Barrister & Solicitor
Toronto, Ontario
John H. Sims, Q.C. For the Respondent
Deputy Attorney General of Canada
Toronto, Ontario
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