Operation Honeymoon Does Not Star Jennifer Aniston – Toronto Immigration Lawyer
By Author: Admin | September 27, 2010
Operation Honeymoon is not a 2010 romantic comedy starring Jennifer Aniston and some generic b-list male actor. It is an on-going project carried out by the Canada Border Service Agency. The task is to root out fake marriages that led (or are leading) to the issuance of a visa by producing evidence have the marriages are fake. Such evidence would be tendered to the Immigration Division of the Immigration Refugee Board which would rule on the issue. If the Immigration Refugee Board agrees that the marriage is fake, then the visa would be revoked, (or the sponsorship application would be refused in cases where the visa has not yet been issued).
The above is only an estimate, as I am not an employee of the Canada Border Service Agency, but am a Canadian Immigration lawyer based in Toronto. Similarly, as my job is to defend persons facing such an allegation, it is impossible for me to know all of the investigative techniques employed by the CBSA in this respect. However, Operation Honeymoon is real to the extent that I have seen this phrase in CBSA documents that pertain to my clients who face this allegation.
Intimidation is the mode of operation in such investigations. I have had clients swear evidence that a CBSA officer knocked on their door and after being open then simply barge in (particularly if the target is a female of average or shorter stature), and start asking questions as well as looking around the residence. More burly CBSA officers are used for this aspect of CBSA operations. The fact that the person being investigated may not be conversant in English or French does not stop the CBSA officer to swear an affidavit about what he heard (or more often, compelled) the person say. This can often be challenged by the person being investigated who may have been subject to leading questions during the investigation such as, “So, you’re not really living with your husband, are you,”, or “None of your husband’s stuff is in this apartment, is it?”
The victims in this situation are usually female applicants who assert they were in a loving relationship with the Canadian sponsor and obtained their permanent resident visa, only to have their sponsor cheat on said victim a few months after the marriage and after visa issuance. These cases in particular may be hard to distinguish from overtly fake cases and can be subject to a deportation order from the Immigration Division of the Immigration Refugee Board. Fortunately, such persons have a right of appeal at the Immigration Appeal Division of the Immigration Refugee Board which looks at various factors in deciding whether to set aside the negative decision at the IRB Appeal Division. A discussion of the role of the IAD in such cases can be seen HERE.
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