Judge: Extra-marital affairs not immigration's business
By Gerald V. Paul
To all those concerned, here’s good news: you need not declare your extra-marital relationships when applying for immigration to Canada.
According to a recent ruling by Federal Court of Canada Justice Roger Hughes, as he overturned a decision by Citizenship and Immigration Canada to reject an application based on misrepresentation, “Surely our society has not found itself at that point.”
It all started when Immigration Canada officials refused an application by Koowole Osisanwo, a Canadian citizen, to sponsor his mother, father, and siblings to Canada from Nigeria. Canadian officials had ordered the couple to take a DNA test despite a government–issued birth certificate that confirmed their relationship.
Test results found that Osisanwo’s father Claudius was not his biological Dad.
However, the family appealed. In their affidavit, the mother said she and her husband had been married for 42 years, but had a bad patch 28 years ago, at which time she had an affair. She said she did not know that Cladius was not the father.
In his ruling, Hughes said he believed the woman had no intent to mislead , since Cladius had raised the child like his own son, and that extra-marital affairs do not have to be declared for immigration purposes.
To all those concerned, here’s good news: you need not declare your extra-marital relationships when applying for immigration to Canada.
According to a recent ruling by Federal Court of Canada Justice Roger Hughes, as he overturned a decision by Citizenship and Immigration Canada to reject an application based on misrepresentation, “Surely our society has not found itself at that point.”
It all started when Immigration Canada officials refused an application by Koowole Osisanwo, a Canadian citizen, to sponsor his mother, father, and siblings to Canada from Nigeria. Canadian officials had ordered the couple to take a DNA test despite a government–issued birth certificate that confirmed their relationship.
Test results found that Osisanwo’s father Claudius was not his biological Dad.
However, the family appealed. In their affidavit, the mother said she and her husband had been married for 42 years, but had a bad patch 28 years ago, at which time she had an affair. She said she did not know that Cladius was not the father.
In his ruling, Hughes said he believed the woman had no intent to mislead , since Cladius had raised the child like his own son, and that extra-marital affairs do not have to be declared for immigration purposes.
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