What is the test for an application for judicial review against a spouse who entered into the marraige primarily for the purpose of gaining admission to Canada as a member of the family class?
Canada (Federal), Canada
The following excerpt is from Kaloti v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 8471 (FC):
The application for judicial review is dismissed. O T T A W A, Ontario September 8, 1998 Judge 1 4. (3) The family class does not include a spouse who entered into the marraige primarily for the purpose of gaining admission to Canada as a member of the family class and not with the intention of residing permenently with the other spouse. 2 Horbas v. M.E.I. 1985 CanLII 3065 (FC), [1985] 2 F.C. 359. 3 vol. 1, 3d ed., at 274, para. 171. 4 1971 CanLII 3 (SCC), [1972] S.C.R. 577. 5 153 N.R. 313.
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