Federal Court


Officer did not weigh all evidence but concentrated on only one aspect

Application for judicial review decision by officer at Canadian High Commission in Singapore refusing applicant’s application for Canadian citizenship applicant made for his adopted son. Applicant and his wife were born in Vietnam and are Canadian citizens. Applicant’s son was born deaf and mute in refugee camp in Hong Kong in 1995. Child was formally adopted in 2008 upon receiving consent of Vietnamese authorities. Child, currently aged 17, had been living since late 2008 or early 2009 in orphanage in Ho Chi Minh City. Officer determined that child did not meet requirements of s. 5.1(1)(d) of Citizenship Act (Can.), because there were significant concerns over credibility of information in application, adoption process was begun in 2006 while adopted child was living with his biological parents and his elder brother, and evidence demonstrated that primary reason for adoption was to obtain cochlear implant and other medical/social services in Canada for adopted child. Application granted. Decision was quashed and application was returned for reconsideration. Officer failed to follow Minister’s Guidelines in assessing application. Approach taken by officer led her not to weigh all of evidence before her but to concentrate on only one, thus failing to consider evidence as whole.

Tran v. Canada (Minister of Citizenship and Immigration)

(Feb. 10, 2012, F.C., Lemieux J., File No. T-863-11) 213 A.C.W.S. (3d) 552 (26 pp.).

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