Judicial review allowed as IAD unreasonably found prior conjugal relationship without applying flexible approach.
The applicant sought judicial review of a decision by the Immigration Appeal Division dismissing his appeal from the refusal of his spousal sponsorship application.
The IAD had found a prior conjugal relationship existed between the applicant and the sponsored person before the applicant came to Canada, engaging section 4.1 of the Regulations.
The Federal Court found the IAD's decision unreasonable for failing to apply a flexible approach to assessing the relationship, allowed the application for judicial review, and remitted the matter for redetermination.
