Assignment task:
John, a Canadian citizen, and Maria, a citizen of Mexico, connected through an online international pen-pal program a year and a half ago. They began exchanging messages and developed a deep emotional connection over several months. During this time, John shared stories about his life in Canada, while Maria told him about her aspirations and dreams in Mexico.
After a few months of consistent communication, John decided to take a step further and flew to Mexico to meet Maria in person. They spent two weeks together, exploring various places and enjoying each other's company. He met Maria's friends and also her aunt, with whom she resides. During this trip, their affection for one another grew, and they both expressed their desire to be together.
After returning to Canada, John made another trip to Mexico to visit Maria for a second time, further strengthening their relationship. The couple was married in Mexico, 9 months ago, in a small ceremony. A handful of Maria's family members and friends were in attendance. John's brother flew to Mexico to attend the ceremony, but his parents were unable to make the trip due to health issues. The couple had a small dinner celebration after the ceremony with the people who had attended the wedding. They then honeymooned for three days at a resort in Acapulco.
John returned to Canada after the wedding and has not been able to return to Mexico due to financial constraints. He works in Toronto as an IT technician. He lives alone in a bachelor apartment.
Despite the distance, the couple speaks on the phone every day and exchanged text messages frequently. Maria has never travelled to Canada due, in part, to the couple's financial constraints. Maria is currently not working, has little savings and no assets in that country. She lives with an aunt and does not pay rent. She is actively look for work but is also eager to start a family with John in Canada.
John sponsored Maria to come to Canada as his spouse 8 months ago. He submitted their application to Immigration, Refugees, and Citizenship Canada (IRCC) with documentation of their relationship, including photographs from their trips together, screenshots of their conversations, and letters from friends and family attesting to the genuineness of their bond.
However, despite their efforts, the IRCC refused the spousal sponsorship application, citing concerns about the genuineness of their relationship. Some of the reasons for the refusal were as follows:
Lack of Physical Time Spent Together: The IRCC noticed that Maria had never traveled to Canada to meet John, and this raised doubts about the authenticity of their relationship. The fact that John had travelled to Mexico twice while Maria hadn't visited Canada at all led them to question the depth of their commitment. Further, John's visits to Mexico have been brief.
Financial Concerns: The IRCC expressed concerns about Maria's financial situation and wondered whether she saw the sponsorship as an opportunity to improve her economic status by moving to Canada.
Language Barrier: John spoke English fluently, but Maria's English proficiency was limited. This raised questions about their ability to communicate effectively and form a genuine emotional connection.
Limited Evidence of Shared Life: The documentation provided by John did not adequately demonstrate the co-mingling of their lives or shared responsibilities, such as joint finances or shared assets.
Timing: IRCC expressed concerns that the couple did not date for long before getting married.
John and Maria have approached you to ask your advice about filing an appeal to the Immigration Appeal Division (IAD) and are thinking of hiring you to represent them in their appeal. However, before they make a decision, they would like you to provide a written legal opinion about what Federal Court decision could assist in their appeal and what Federal Court decision could hurt their chances on appeal. They have also asked you for advice about how to strengthen their application prior to the IAD hearing.