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Harjot is a Canadian citizen and he is married to Jaspreet, who is an Indian national. Harjot attempted to sponsor Jaspreet to come to Canada,
Harjot is a Canadian citizen and he is married to Jaspreet, who is an Indian national. Harjot attempted to sponsor Jaspreet to come to Canada, but the sponsorship application was refused on the basis that the marriage was deemed a marriage of convenience. Harjot appealed this decision, but his appeal was denied. Six months ago, Harjot tried to sponsor Jaspreet again and it was denied for the same reason as the first application.
Harjot now comes to you for your advice in order to appeal for a second time.
Please address the following:
- Explain the concept ofres judicataand whether or not Harjot would be successful with his second appeal.
- Jaspreet reveals to you that she isfour months pregnant. How would this affect the appeal, if it all?
- If Jaspreet's pregnancy would affect their appeal, what kind of documentation would be necessary as evidence?
- Jaspreet lands in Canada (becomes a Permanent Resident) and two months later their child is born. Would the birth of their child have any effect on Jaspreet's permanent residence after she lands in Canada? Please explain the impacts, if any.
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