Lin v MCI 2010 FC 659

The court set aside a refusal based on a non genuine marriage noting: [10] The Applicant and Ms. Wong submitted bank statements, bills and other correspondence showing that they shared an address, copies of their driver’s licences showing the same address as well as leases and a joint bank account statement. These documents would seem to indicate the Applicant and his sponsor do cohabit, and the Officer did not explain why she found that the T4 slips outweighed the other evidence contrary in reaching her determination. The submissions also included photos of the Applicant and Ms. Wong at different points in time and statements on their relationship. The notes taken during the interviews also show that both spouses provided roughly the same answers to the questions asked by the Officer about their relationship (Certified Tribunal Record at pages 32 to 43). I am not saying that these pieces of evidence are determinant in assessing the genuineness of the marriage, but I do find that these pieces of evidence were relevant but were not noted by the Officer and were not weighed against the others.