Digests

Citizenship and Immigration

Status in Canada

Citizens

Judicial review challenging decision of citizenship judge dismissing applicant’s application for Canadian citizenship because not meeting residence requirements set out in Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c)—Applicant, permanent resident of Canada, providing false information concerning residency requirements for citizenship application when giving Mississauga as his residence rather than Montréal—Whether Court, in exercising discretion, should dismiss applicant’s judicial review application without deciding it on merits because applicant not having clean hands, having knowingly provided false information—Clear in law that granting judicial review consisting in discretionary remedy which may be refused on grounds of equity, in this case lack of clean hands—Court guided by Thanabalasingham v. Canada (Minister of Citizenship and Immigration), 2006 FCA 14 in balancing relevant factors—Not dealing with minor transgression herein, applicant knowingly, wilfully deceiving Citizenship Court concerning true residence in Canada for purpose of jumping queue—Applicant falsifying citizenship application to obtain fundamental right, i.e. Canadian citizenship—Federal Court pointing out in Canada (Minister of Citizenship and Immigration) v. Wysocki, 2003 FC 1172 that misrepresentation of material fact including untruth, withholding of truthful information, misleading answer—Dismissing citizenship application not disproportionate sanction, applicant retaining permanent residence with substantial rights, benefits it confers—Appeal dismissed.

Raslan v. Canada (Citizenship and Immigration) (T-459-09, 2010 FC 189, Lemieux J., judgment dated February 22, 2010, 9 pp.)