Ottawa, Ontario, July 30, 2007
PRESENT: The Honourable Madam Justice Simpson
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
and
REASONS FOR JUDGMENT AND JUDGMENT
[1] On March 10, 2006, a Citizenship Judge (the Judge) approved the Respondent’s application for citizenship (the Decision). The Minister of Citizenship and Immigration (the Minister) has appealed the Decision under subsection 14(5) of the Citizenship Act, R.S. 1985, c. C-29 (the Act) on the basis that the Judge failed to provide the Minister with reasons for the Decision.
[2] The requirement for such reasons is found in subsection 14(2) of the Act. It states:
[3] The Decision is attached as Schedule “A” to these reasons. It does not explain why the Respondent was given citizenship even though he did not meet the statutory residency requirement (he was twenty-two days short) and even though, after repeated requests, he did not provide Citizenship and Immigration with his expired passports.
[4] In the circumstances of this case, reasons should have, inter alia, described any documents the Respondent brought to the hearing and their impact on the Decision and should have indicated the residency test the Judge used and explained why he decided that the residency requirements in section 5 of the Act had been met.
[5] In my view, because the box provided for reasons on Schedule “A” is blank and because there are no other statements or endorsements which explain the Judge’s thought process, the Judge failed to discharge his duty under subsection 14(2). While Schedule “A” meets the notice requirement, it does not satisfy the requirement to provide reasons.
JUDGMENT
UPON reviewing the material filed and hearing the submissions of counsel for both parties in Vancouver, BC on April 10, 2007;
AND UPON being advised that the Judge is still a Citizenship Judge.
THIS COURT ORDERS AND ADJUDGES that, for the reasons above, the appeal is allowed and the file is referred back to the Judge who made the Decision. He is hereby ordered to provide the Minister with written reasons for the Decision, in accordance with these reasons within ninety (90) days of this order.
“Sandra J. Simpson”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-795-06
STYLE OF CAUSE: MCI v. Gholamreza Behbahani
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: April 10, 2007
REASONS FOR JUDGMENT: SIMPSON J.
APPEARANCES:
Ms. Liliane Bantourakis
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Mr. Lorne Waldman
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SOLICITORS OF RECORD:
Mr. John H. Sims, Q.C.
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Mr. Lorne Waldman
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