Federal Court


Immigration and Citizenship

Admission

Immigrants

Contact between applicant and same-sex partner not giving rise to conjugal relationship

Applicant was citizen of Kenya who came to Canada and was granted protection on ground of sexual orientation. Applicant was granted permanent residence. As part of application, applicant identified K as same-sex partner. Visa officer interviewed K and found K did not meet definition of common-law partner or conjugal partner. Applicant brought application for judicial review. Application dismissed. Evidence support officer’s finding that K was at boarding school when relationship commenced and only saw applicant during summer months. Evidence of contact between applicant and K since 2014 was limited and insufficient to demonstrate consistent ongoing communication. Officer found that while relationship existed, it did not rise to level of conjugal relationship. That was not unreasonable conclusion where officer noted that K was school-aged girl and attending boarding school at time applicant remained in Kenya.

Njoroge v. Canada (Minister of Citizenship and Immigration) (2017), 2017 CarswellNat 773, 2017 FC 261, Patrick Gleeson J. (F.C.).

 


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