Digests

Citizenship and Immigration

Status in Canada

Citizens

Judicial review of citizenship officer’s decision denying applicant’s citizenship application on basis applicant not meeting requirements of Citizenship Act, R.S.C., 1985, c. C-29 (Act), s. 3(1)(b)—Applicant, mother both applying for proof of Canadian citizenship—Applicant’s mother, born outside Canada of Canadian parent, never registering as Canadian citizen prior to applicant’s birth or coming into force of Bill C-37, An Act to Amend the Citizenship Act, S.C. 2008, c. 14 (limiting citizenship by descent to first generation born outside Canada to Canadian parent)—Applicant’s mother receiving proof of Canadian citizenship pursuant to Act, s. 3(1)(g)—Applicant contending that because mother now citizen by birth, citizenship should extend to him as well—Arguing that limitation of citizenship by descent to first generation born outside Canada to Canadian parent inapplicable herein, application should have been approved by virtue of Act, s. 3(1)(b)—However, application for citizenship by virtue of s. 3(1)(g) triggering Act, s. 3(3)(a), thus non-applicability of 3(1)(b) to applicant—Introductory wording of s. 3(1) clear—Act, ss. 3(1)(b), 3(1)(g), 3(3)(a) read together cannot sustain theory by which applicant benefitting retroactively from mother’s citizenship—Application dismissed.

Rabin v. Canada (Citizenship and Immigration) (T-1075-10, 2010 FC 1094, Boivin J., judgment dated November 5, 2010, 14 pp.)