The applicant sought judicial review of a decision by the Immigration Appeal Division (IAD) dismissing his appeal against the refusal to issue a permanent resident visa to his wife.
The IAD found the relationship was "not genuine in some respects" and entered into primarily for immigration purposes.
The Federal Court held that the IAD's reasoning regarding the genuineness of the marriage lacked transparency and intelligibility.
The Court also found that the IAD overlooked evidence of the applicant's numerous trips to visit his wife prior to the marriage.
The application for judicial review was allowed, the decision was set aside, and the matter was remitted back for redetermination.
