What is the legal test for an application to bring an application under section 4(3) of the Immigration Regulations, and what is the burden of proof?
Canada (Federal), Canada
The following excerpt is from Canada (Minister of Citizenship and Immigration) v. Brar, 2002 FCT 442 (CanLII):
The legal principles applicable to applications of this sort are as follows: a) The burden of proof is on the applicant for landing to establish the bona fides of the marriage. b) To reject an application on the basis of subsection 4(3) of the Regulations, it must be found that there is both a marriage entered into by the sponsored spouse primarily for purposes of immigration, and a lack of intention on his or her part to live permanently with the other spouse. c) It is the intent of the sponsored spouse which is relevant, not the sponsor's beliefs and intention. See: Horbas v. Canada (Minister of Employment and Immigration), 1985 CanLII 3065 (FC), [1985] 2 F.C. 359 (F.C.T.D.); and Canada (Solicitor General) v. Bisla (1994), 88 F.T.R. 312 (F.C.T.D.).
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