CITIZENSHIP AND IMMIGRATION
Status in Canada
Citizens
Judicial review of Immigration and Refugee Board’s decision rejecting refugee protection claim on basis applicant could reacquire Argentine citizenship, no evidence of well-founded fear of persecution in Argentina—Applicant Argentine national, citizen by birth—By acquiring Mexican citizenship, lost Argentine citizenship but not nationality—To regain Argentine citizenship, required to first reside in Argentina, then apply to federal court judge—Law on obligation to attempt to acquire nationality before seeking protection in Canada summarized—By not addressing residency requirement under Argentine law before claim can be made for reinstatement, Board committing error of law—Also not addressing issue as to degree of control applicant for reacquisition of citizenship must have over success of ultimate result—Application allowed.
Crast v. Canada (Minister of Citizenship and Immigration) (IMM-1353-06, 2007 FC 146, Hughes J., judgment dated 7/2/07, 12 pp.)