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Canadian Citizenship Case Law Update

Canadian Citizenship Act

Canadian Citizenship —Appeal — Foreign national was citizen of China who became permanent resident February 10, 2011 — Foreign national applied for Canadian citizenship August 25, 2014. A Canadian— Citizenship Officer asked the foreign national to submit additional documents in support of his residency application —

Foreign national refused to provide requested documents, preferring instead to submit his passports and Integrated Customs Enforcement System Traveller History Report (ICES Report), which, in his opinion, sufficiently demonstrated that he met requirements of the Canadian Citizenship Act (Can.) — Minister found that foreign national did not provide excuse as to why he could not provide requested documents —

On July 10, 2015, Minister sent letter to foreign national informing him that his application for Canadian citizenship was now treated as abandoned — Foreign national applied for judicial review — Application dismissed — Passports may be used as evidence to corroborate effective presence in Canada of citizenship applicant but they do not constitute irrefutable proof of person’s presence in Canada — ICES Report may also be found to be supportive evidence however, ICES Report is not, in and of itself, sufficient to establish residency — Therefore, as there was gap in foreign national’s documents it was reasonable for officer to request additional documents and patent refusal by foreign national to submit additional documents may have reasonably raised concerns of the Canadian citizenship officer.

The foreign national did not provide excuse as to why he could not provide requested documents; rather, he provided an excuse as to why he believed that he should not have to submit any further documents and ordered Minister to grant him Canadian citizenship. The foreign national wrongly believed that his passports and ICES Report were sufficient evidence to demonstrate that he fulfilled requirements of the Canadian Citizenship Act, the— Minister’s reasons allow court to understand how and why Minister reached decision and Minister’s decision was reasonable.

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Zhao v. Canada (Minister of Citizenship and Immigration) (February 16, 2016, Michel M.J. Shore J., Federal Court) 263 A.C.W.S. (3d) 867

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