The Immigration Appeal Division (IAD) would need to base its decision on the law applicable at the time Citizenship and Immigration Canada (CIC) received the application. This is applicable for all appeals pursuant to subsection 63 (1) of the Immigration and Refugee Protection Act (IRPA) where:
- Citizenship and Immigration Canada (CIC) received the application before June 11, 2015 and,
- The visa officer’s decision relied on the pre-amendment procedures for proxy marriages and similar forms
In some cases, it is possible that Citizenship and Immigration Canada (CIC) received the application on or after June 11, 2015. In this scenario, the officers would need to apply the new regulations concerning the proxy, telephone, fax, internet or similar forms of marriage where one or both parties were not physically present during the marriage ceremony. In other words, they would apply the definition of an excluded relationship as specified under sections R5, R117 (9) (c.1) and R125 (1) (c.1).
Source: Citizenship and Immigration Canada (CIC)
