Citizenship and Immigration
Status in Canada
Citizens
Appeal from citizenship judge’s rejection of application to register, retain Canadian citizenship (application); refusal to recommend granting of citizenship to alleviate special, unusual hardship pursuant to Citizenship Act, R.S.C., 1985, c. C-29, s. 5(4)—Applicant losing Canadian citizenship after filing application past statutory deadline—Respondent consenting to have matter of recommendation under s. 5(4) redetermined by different citizenship judge—Court nevertheless making following comments—Applicant providing virtually no evidence to warrant recommendation under Act, s. 5(4)—Failure due almost entirely to lack of indication in form provided by respondent that such recommendation possible, evidence supporting recommendation be submitted —While applicants presumed to know law, requirements thereof, fairness suggesting forms provided by respondent to persons applying to retain citizenship should indicate possibility of recommendation under s. 5(4) if application rejected—Alternatively, when application rejected because filed late, out of fairness, citizenship judge could advise applicant of potential for reinstatement of citizenship under s. 5(4), give applicant opportunity to submit information citizenship judge can weigh in deciding whether to make recommendation—Appeal allowed.
Banman v. Canada (Minister of Citizenship and Immigration) (T-507-08, 2008 FC 1340, Zinn J., judgment dated December 1, 2008, 7 pp.)