What is the test for genuineness of a marriage?

Canada (Federal), Canada

The following excerpt is from Nguyen v Canada (Citizenship and Immigration), 2016 CanLII 102429 (CA IRB):

The genuineness of the marriage is based on a number of factors as identified in Chavez v. Canada (Minister of Citizenship and Immigration).[4] These can include, but are not limited to, such factors as: • how the relationship developed; • the intent of the parties to the marriage; • the length of the relationship; • the amount of time spent together; conduct at the time of meeting, at the time of an engagement and/or the wedding; • behaviour subsequent to a wedding; the level of knowledge of each other’s relationship histories; • levels of continuing contact and communication; • the provision of financial support; the knowledge of and sharing of responsibility for the care of children brought into the marriage; • the knowledge of and contact with extended families of the parties; and • the level of knowledge about each other’s daily lives. All of these factors can be considered in determining the genuineness of a marriage; however, they are not identical in every appeal as the genuineness of the marriage can be affected by any number of different factors in combination or alone, nor are they exhaustive as other considerations can be brought into relevance in advance of them. BACKGROUND

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