In applying the tripartite test, how have the courts in Canada treated the issue of inadmissibility of an applicant's spouse?
Canada (Federal), Canada
The following excerpt is from Magtibay v. Canada (Minister of Citizenship and Immigration), 2005 FC 397 (CanLII):
In applying the tripartite test, I do not find that the immigration officer erred in determining in concluding that the offence had been committed. As I stated earlier, the inadmissibility of the applicant's spouse did not rest on a conviction, but on the premise that the act in question was actually committed, although pardoned. Were I to accept that the first part of the test had been met, that our legal system was similar and not simply "somewhat similar" as was differentiated in the Canada v. Saini, supra, decision, I would nonetheless find that the second and third parts of the test were not met.
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