Cheng v. Canada ( Minister of Citizenship and Immigration )
IMM-4310-98
Teitelbaum J.
10/8/99
14 pp.
Judicial review of Immigration Appeal Division's (IAD) order applicant be removed from Canada-Applicant, national of Hong Kong, landed in Canada in 1986-In 1989 applied for Canadian citizenship-Swearing declaration as to truth of application before Jocelyne Saulnier at St. John's, Newfoundland-In 1990 taking oath of citizenship, miniature, commemorative citizen certificate issued-Months later receiving by mail certificate of Canadian citizenship-As result of investigation into fraud at St. John's citizenship office, relating to actions of Jocelyne Saulnier, applicant informed in 1992 not entitled to Canadian citizenship certificate because never actually granted citizenship prior to taking oath-Apparently appropriate box on application form not marked by citizenship officer, form not signed and dated, oath administered extraterritorially and without jurisdiction-Upon attempting to enter Canada in 1996 applicant examined by senior immigration officer, report issued concluding applicant no longer permanent resident of Canada, could not be admitted in absence of valid visa-Adjudicator subsequently finding applicant Canadian citizen as possession of citizenship certificate prima facie proof of citizenship unless revocation order by Governor in Council, and no such revocation herein-On appeal IAD holding adjudicator erred in conclusion applicant Canadian citizen-Application dismissed-Respondent submitting process by which citizenship obtained so fundamentally flawed citizenship documents invalid-On facts of this case, necessary for IAD to determine whether citizenship granted in order to make finding on admissibility-Presumption as to regularity of acts of public officers rebuttable-IAD rightly considered evidence presented to rebut presumption suggesting applicant issued certificate of citizenship although grant of citizenship not occurring-IAD having jurisdiction to consider such evidence, determine whether rebutting presumption of regularity, make exclusion order-Immigration Act, s. 69.4(3)(c) permitting IAD to receive such additional evidence as it may consider credible, trustworthy, necessary for dealing with subject-matter before it-IAD not erring in admitting hearsay evidence through RCMP officer in charge of fraud investigation-Considering evidence to be credible, trustworthy, assessed weight accordingly-No error in IAD's decision to qualify Registrar of Citizenship as expert witness-Witness giving opinion on applicant's citizenship status, process itself, but ultimately questions of citizenship, admissibility rested with IAD-Arguments failure to advise of change in status, denial of opportunity to be heard breach of principles of natural justice, relating to respondent's 1992 decision; not within IAD's jurisdiction-Facts of case not affecting liberty, security interests of applicant pursuant to Charter, s. 7-Not within IAD's mandate to determine correctness of circumstances leading up to 1992 letter informing applicant citizenship documents invalid-IAD not disregarding principles of natural justice by allowing testimony on fraudulent conduct of citizenship officer, judge-No error in law in how IAD considered evidence, weighed it-Application denied-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7-Immigration Act, R.S.C., 1985, c. I-2, s. 69.4(3)(c) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 63).