Citizenhip judge could not blend together three methods for determining citizenship

Federal court | Citizenship

APPEAL

Citizenhip judge could not blend together three methods for determining citizenship

This was appeal of citizenship judge’s decision. Citizenship officer prepared document that described contradictions, irregularities and omissions in citizenship applicants’ record. Case was referred to citizenship judge to determine whether applicants were eligible for citizenship under s. 5(1)(c) of Citizenship Act (Can.), and citizenship judge found they were. Appeal allowed. Citizenship judge’s decision was not adequately reasoned to enable it to be understood where he took numbers or how he calculated numbers. Decision was incomprehensible so error of law was committed. Citizenship judge could chose between three methods for determining citizenship, but he could not blend three together. Due to omissions, contradictions and implausibilities, citizenship judge’s analysis was not reasonable or correct.
Canada (Ministre de la Citoyenneté et de l’Immigration) c. Salameh (Jan. 24, 2013, F.C., Michel M.J. Shore J., File No. T-167-12) 231 A.C.W.S. (3d) 40

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Gowling's Mark Giavedoni on the housing shortage and logistics sector 'boom in real estate'

Ont. Superior Court orders tenant to vacate housing despite ongoing human rights tribunal dispute

Ontario Court of Appeal rules tenant responsible for snow removal in slip and fall case

Imran Kamal told his story about addiction, hoping to encourage the legal profession to be more open

Ontario Court of Justice welcomes four new justices: Frank, Hanna, Harris, Marcon

Ont. Superior Court denies disability benefits due to lack of a causal link to 40-year-old accident

Most Read Articles

Imran Kamal told his story about addiction, hoping to encourage the legal profession to be more open

Ontario Court of Justice welcomes four new justices: Frank, Hanna, Harris, Marcon

Ont. Superior Court denies disability benefits due to lack of a causal link to 40-year-old accident

Gowling's Mark Giavedoni on the housing shortage and logistics sector 'boom in real estate'