GPP v. Canada (Citizenship and Immigration)
The Federal Court was correct: s.13.1 allows the Minister to suspend applications made before August 1, 2014 that were not finally disposed of before that date, and the appellant did not meet the criteria for mandamus.
Source-derived case information.
- Citation
- 2019 FCA 71
- Parties
- Appellant: GPP; Respondent: The Minister of Citizenship and Immigration
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 4 April 2019
- Procedural Posture
- Appeal / Decision on Appeal (federal Court of Appeal)
- Outcome
- Appeal dismissed
- Legal Topics
- Suspension of Citizenship Applications, Mandamus, Statutory Interpretation, Transitional Provisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GPP
Appellant
The Minister of Citizenship and Immigration
Respondent
Procedural Posture
Appeal / Decision on Appeal (federal Court of Appeal)
Legal Issues
- 1 Whether s.13.1 of the Citizenship Act permits the Minister to suspend an application for citizenship made before August 1, 2014 and not finally disposed of before that date
- 2 Whether the criteria for obtaining mandamus were met
- 3 Whether the Federal Court erred in its interpretation of s.31 of S.C. 2014, c.22
Ratio Decidendi
The Federal Court was correct: s.13.1 allows the Minister to suspend applications made before August 1, 2014 that were not finally disposed of before that date, and the appellant did not meet the criteria for mandamus.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed without costs
- Certified question answered: Yes — section 13.1 of the Citizenship Act allows the Minister to suspend an application for citizenship made before August 1, 2014 and not finally disposed of before that date.
Full Case Text
Judgment text and source record
1 paragraphs
GPP v. Canada (Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2019-04-04 Neutral citation 2019 FCA 71 File numbers A-191-18 Decision Content Date: 20190404 Docket: A‑191‑18 Citation: 2019 FCA 71 [ENGLISH TRANSLATION] CORAM: NADON J.A. PELLETIER J.A. DE MONTIGNY J.A. BETWEEN: GPP Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Montréal, Quebec, on April 4, 2019. Judgment delivered from the bench at Montréal, Quebec, on April 4, 2019. REASONS FOR JUDGMENT OF THE COURT BY: DE MONTIGNY J.A. Date: 20190404 Docket: A‑191‑18 Citation: 2019 FCA 71 CORAM: NADON J.A. PELLETIER J.A. DE MONTIGNY J.A. BETWEEN: GPP Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on April 4, 2019.) DE MONTIGNY J.A. [1] The appellant has not satisfied us that the Federal Court erred in its interpretation of section 31 of An Act to amend the Citizenship Act and to make consequential amendments to other Acts, S.C. 2014, c. 22, nor has the appellant demonstrated that the criteria for obtaining a mandamus were met. Consequently, the appeal is dismissed without costs and the certified question must be answered as follows: Does section 13.1 of the Citizenship Act, R.S.C. 1985, c. C‑29, allow the Minister to suspend an application for citizenship made before August 1, 2014 and not finally disposed of before that date? Answer: yes. “Yves de Montigny” J.A. Certified true translation Erich Klein FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A‑191‑18 STYLE OF CAUSE: GPP v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: April 4, 2019 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. PELLETIER J.A. DE MONTIGNY J.A. DELIVERED FROM THE BENCH BY: DE MONTIGNY J.A. APPEARANCES: Claudia Andrea Molina For the appellant Lisa Maziade For the respondent SOLICITORS OF RECORD: Cabinet Molina Inc. Montréal, Quebec For the appellant Nathalie G. Drouin Deputy Attorney General of Canada Montréal, Quebec For the respondent