Reference no: EM133214789

Problem:

1. Gustavo filed an application for permanent residence at the Sydney visa office in November 2008. At that time Gustavo was single.

After a long wait his application came up for processing in February 2012. He was asked to submit updated information and undergo a medical examination. Gustavo complied with the medical examination but did not inform the visa office that he married Stephanie, an Australian national in December 2011. Gustavo felt that disclosing his change of marital status would cause further delays in the processing of his application.

On January 10, 2013 Gustavo arrived at Vancouver International Airport. During the examination, Gustavo admitted to the CBSA officer that he had been married while his application was in process and that he wished to sponsor Stephanie once he is allowed into Canada as a permanent resident.

The CBSA officer refused to grant Gustavo permanent resident status, but allowed him to enter Canada.

1. What steps would the CBSA officer take now that he has found out that Gustavo is inadmissible to Canada?
2. What is the name of the proceeding that will take place at the Immigration Division and who will be present at sucha proceeding?
3. Explain to Gustavo what is the role of the hearings officer?
4. In your opinion, what would be the decision of the Immigration Division?
5. If Gustavo fails at the ID, can he appeal the decision?

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