CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Citizens |
Iqbal v. Canada (Minister of Citizenship and Immigration)
T-2055-00
2001 FCT 1291, Rouleau J.
27/11/01
6 pp.
Application for mandamus to compel Registrar of Citizenship to complete processing of application for Canadian citizenship--Day before applicant to appear before citizenship judge, immigration officer meeting with informant who alleged applicant convicted of murder in Pakistan and sentenced to three and one half years in prison; that upon release committed four more murders before fleeing to Canada, claiming refugee status--On same day, immigration officer seeking to engage services of Canadian Embassy in Pakistan--One week later advised investigation incomplete due to Pakistan's bureaucracy, and only one RCMP member working on these sort of inquiries--One month later advised request made through Interpol to ensure matter proceeding-- Applicant submitting requirements of Citizenship Act, s. 5 met, no reasonable explanation for delaying application further--At opening of hearing, respondent advising that in light of September 11, 2001 terrorist attack on United States, ambassador, staff, RCMP officer attached to legation recalled, all investigations suspended until further notice--Khalil v. Canada (Secretary of State), [1999] 4 F.C. 661 (C.A.) holding Minister may withhold citizenship if good reason to think does not meet requirements set out in s. 5--Case law also suppor-ting proposition Minister must be given necessary time to investigate--Conille v. Canada (Minister of Citizenship and Immigration), [1999] 2 F.C. 33 (T.D.) asserting no specific time limit provided in Act for such investigations but process should not be suspended indefinitely; authority responsible for delay should provide satisfactory justification--Until Canadian authorities return to Pakistan, cannot expect Minister to be in position to proceed in such impossible circumstances which are beyond her control--Application stayed for one year.