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SPONSORSHIP

Spousal Sponsorship Appeal Allowed After SOGIE Stereotyping Rejected

A spousal sponsorship appeal succeeded after the tribunal rejected speculation about the sponsor’s sexual orientation and found the marriage genuine.

The Client

The application was refused after an officer questioned the credibility of a Canadian sponsor who had previously obtained permanent residence on humanitarian grounds because of the risk he faced as a gay man in Bangladesh.

The Evidence

The sponsor gave detailed, consistent testimony about a prior six-year same-sex relationship, the end of that relationship and a later change in how he identified after reconnecting with family and faith.

Unified Immigration Lawyers' Strategy

The appeal relied on the IRB’s SOGIE Guidelines, which recognize that sexual orientation can be fluid. It challenged the officer’s conclusion as speculation rooted in stereotype rather than the evidence.

The Outcome

The tribunal found the sponsor credible, found the marriage genuine, rejected the primary-purpose concern and allowed the appeal.

Credibility findings must be based on the evidence and applicable guidance, not fixed assumptions about sexual orientation or identity.

Other Cases

Spousal Sponsorship Appeal Allowed Despite Prior Omissions

A spousal sponsorship appeal succeeded after the tribunal assessed prior omissions in context and found that the marriage was genuine.

Sponsorship Appeal Expedited After Government File Error

A spousal sponsorship appeal was allowed after the government discovered that the document said to be missing had been in its own file throughout the case.

Sponsorship Appeal Allowed Despite Misrepresentation Finding

A spousal sponsorship appeal succeeded on both the genuineness of the marriage and humanitarian relief from a misrepresentation finding.

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