Citizenship and Immigration
Status in Canada
Citizens
Appeal from Citizenship Judge’s approval of respondent’s application under Citizenship Act, R.S.C., 1985, c. C-29, s. 8 for retention, registration as Canadian citizen—Although respondent born in Mexico in 1977, Canadian at birth because having Canadian mother—However, respondent lost status since failed to apply for retention of Canadian citizenship prior to attaining 28 years of age as required by s. 8—Applied only 10 days after losing status—Citizenship judge acted beyond jurisdiction since only remedy available was recommendation to Governor in Council to exercise discretion to direct Minister to grant citizenship under s. 5(4)—Because this proceeding not subject to appellate review pursuant to s. 14(6), more caution exercised than warranted, no formal outcome directed—Appeal allowed.
Canada (Minister of Citizenship and Immigration) v. Friesen (T-2064-07, 2008 FC 864, Lutfy C.J., judgment dated July 11, 2008, 5 pp.)