What is the test for exclusion under subsection 4(3) of the Immigration Regulations?
Canada (Federal), Canada
The following excerpt is from Singh v. Canada (Minister of Citizenship and Immigration), 2002 FCT 347 (CanLII):
A determination of exclusion under subsection 4(3) of the regulations is subject to a two-prong test: Horbas v. M.E.I., 1985 CanLII 3065 (FC), [1985] 2 F.C. 359. First, a marriage must be entered into primarily for the purpose of gaining admission to Canada. Second, there must be no intention on the part of the prospective immigrant to reside permanently with the sponsoring spouse.
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