What is the test to be applied in determining whether or not an individual is excluded from being a member of the family class?

Canada (Federal), Canada

The following excerpt is from Sidhu v. Canada (Minister of Citizenship and Immigration), 2003 FCT 280 (CanLII):

The test to be applied in determining whether or not an individual is excluded from being a member of the family class is well established. In Horbas v. Canada (Minister of Employment and Immigration)[2], Justice Strayer wrote at pages 367-8: ...the visa officer is directed to have regard to two criteria: first, whether the marriage was entered into primarily for the purpose of gaining admission to Canada, and secondly whether the sponsored spouse has the intention of residing permanently with the other spouse.

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