Clients who have fallen victim to marriage fraud often inquire about the recommended course of action. The first step would entail reporting the incident to Canada Border Services Agency’s (CBSA) at 1-888-502-9060 for marriage fraud.
There are several questions surrounding this issue that will be addressed in this blog step by step. In most cases, the victim files for divorce after reporting the incident and then faces important issues regarding spousal support. Dealing with spousal support Canada can be a tricky situation. Initially, the victim committed to providing three years of support to their spouse upon their arrival in Canada. Now, the victim wants to reverse the IRCC’s decision to grant a Permanent Resident (PR) card. The right step in this situation would be to prepare a letter with a lawyer to be sent to IRCC to reverse the spousal support decision.
The authorities will conduct a thorough investigation considering various factors before reaching a decision regarding fraudulent marriages or reversing spousal support. Raju v. Kumar, 2006 B.C. Supreme Court case provides some guidelines pertaining to marriage fraud Canada, with a key emphasis on bad faith. Circumstances arising from bad faith, including the duration of the parties’ acquaintance, financial support, and other relevant aspects of the marriage, will be considered. Financial support offered by one party to the other will be considered significant evidence of good faith. Additionally, the authorities will scrutinize evidence of deceit, such as whether one party was involved in another relationship at the time of marriage.
It is crucial to remember that a victim of marriage fraud needs to prove that it was not a marriage of convenience and that they were not a willing partner in the fraud. The burden of proof lies with the party claiming to be a victim, demonstrating that the relationship was not intended for convenience which amounts to bad faith.
Another question that is often asked is whether there is a legal remedy for fraudulent marriages. Yes, there is a remedy, and the victim has the option to bring up the matter of a fraudulent marriage during the divorce proceedings, or if the victim has already obtained a divorce, they can still address the issue separately and can commence legal proceedings in the civil court. Under Ontario law, the test established in Scalia v. Scalia (2015) addresses the issue of bad faith marriages involving deceit. The evidence of intended infliction of financial and emotional harm is crucial.
Similarly, in the famous case of Ahluwalia v. Ahluwalia, (2022) the court stated that the victim is entitled to a remedy in tort for the infliction of physical and emotional harm, as the remedies under family law are insufficient to acknowledge the harm suffered by the victim.
Nonetheless, the situations surrounding each case vary, and the standards for proving bad faith are stringent. When initiating a marriage fraud claim, it is crucial to exercise caution and ensure that there is substantial evidence gathered to substantiate the accusations.
