[2012] 2 F.C.R. D-5
Citizenship and Immigration
Status in Canada
Citizens
Judicial review of decision by immigration counsellor refusing adopted child’s application for Canadian citizenship pursuant to Citizenship Act, R.S.C., 1985, c. C-29, ss. 5.1(1)(b),(d)—Applicant adopting niece, Nigerian citizen, in compliance with Nigerian law—Counsellor finding that genuine parent-child relationship between applicant, niece, not able to develop as biological father continuing relationship—Concluding that adoption entered into for purpose of acquiring status or privilege—English, French versions of Citizenship Regulations, 1993, SOR/93-246, s. 5.1(3)(a)(ii) (setting out factors to consider) ambiguous in that “legal ties” referred to in English version not the same as “all ties” (“tout lien”) referred to in French version—More restrictive wording of English version must be favoured herein—Regulations not calling upon biological father to sever all social ties with daughter—Citizenship and Immigration Canada’s Operational Bulletin 183 allowing biological father to maintain relationship with child in context of adoption by relative—Counsellor under duty to explain why Operational Bulletin 183 not relied on—Application allowed.
Adejumo v. Canada (Citizenship and Immigration) (T-955-11, 2011 FC 1485, Harrington J., judgment dated December 16, 2011, 8 pp.)