Canada Judgment

Federal Court

Xu v. Canada (Citizenship and Immigration)

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Source document

01

Holding and result

Because the parties agreed and the Court was satisfied that no serious question of general importance arises from its decision, no question under s.22.2(d) of the Citizenship Act is stated.

Court disposition

No question of general importance is stated. (Earlier judgment: application for judicial review allowed; decision to revoke the applicant's Canadian citizenship and cancel her citizenship certificate set aside; matter remitted for redetermination by a different decision maker.)

Orders

  • No question of general importance is stated.
  • Application for judicial review allowed; decision to revoke the applicant's Canadian citizenship and cancel her citizenship certificate is set aside; matter remitted for redetermination by a different decision maker.

02

Material facts

Parties

Cecille Jiajia Xu

Applicant Counsel: Neerja Saini

The Minister of Citizenship and Immigration

Respondent Counsel: Nimanthika Kaneira

03

Procedural history

  1. Posture

    Judicial Review (citizenship Revocation) / Supplementary Judgment Following Remittal Order; Original Judicial Review Allowed and Matter Remitted

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant indicated agreement that no question for certification arises following the Court's judgment allowing the application and remitting the matter.
Respondent
Respondent advised the Court that the parties agree no questions for certification arise and submitted that none should be stated.

05

Court’s reasoning

  1. 01

    Citizenship Act, s.22.2(d)

    A question may be certified under paragraph 22.2(d) of the Citizenship Act only if it raises a serious question of general importance.

  2. 02

    Federal Court judgment and practice

    The Court has discretion to decline to state a question of general importance if satisfied that none warrant certification.

06

Ratio, limits and disposition

Ratio decidendi

Because the parties agreed and the Court was satisfied that no serious question of general importance arises from its decision, no question under s.22.2(d) of the Citizenship Act is stated.

Court disposition

No question of general importance is stated. (Earlier judgment: application for judicial review allowed; decision to revoke the applicant's Canadian citizenship and cancel her citizenship certificate set aside; matter remitted for redetermination by a different decision maker.)

  • No question of general importance is stated.
  • Application for judicial review allowed; decision to revoke the applicant's Canadian citizenship and cancel her citizenship certificate is set aside; matter remitted for redetermination by a different decision maker.

Source and reliance status

Federal Court · 17 November 2021

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Judgment text

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Source document

Federal Court

Judgment· 17 November 2021

2021 FC 1248

Xu v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2021-11-17 Neutral citation 2021 FC 1248 File numbers T-197-20 Decision Content Date: 20211117 Docket: T-197-20 Citation: 2021 FC 1248 Ottawa, Ontario, November 17, 2021 PRESENT: Mr. Justice Norris BETWEEN:

CECILLE JIAJIA XU Applicant and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent

SUPPLEMENTARY JUDGMENT AND REASONS [1] On October 20, 2021, the Court released the Judgment and Reasons in this matter allowing the application for judicial review, setting aside the decision to revoke the applicant’s Canadian Citizenship and cancel her citizenship certificate, and remitting the matter for redetermination by a different decision maker. [2] As part of the Court’s Judgment, counsel were asked to provide written submissions, jointly if possible, with respect to whether any serious question of general importance should be certified under paragraph 22.2(d) of the Citizenship Act. [3] On November 2, 2021, counsel for the respondent wrote to indicate that the parties agreed that no questions for certification arise from the Court’s decision. [4] I am satisfied that no questions of general importance warranting certification arise and none will be stated. JUDGMENT IN T-197-20 THIS COURT’S JUDGMENT is that No question of general importance is stated. “John Norris” Judge

FEDERAL COURT

SOLICITORS OF RECORD DOCKET: T-197-20 STYLE OF CAUSE: CECILLE JIAJIA XU v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING:

HELD BY VIDEOCONFERENCE DATE OF HEARING: May 20, 2021 SUPPLEMENTARY JUDGMENT AND REASONS: NORRIS J. DATED: November 17, 2021 APPEARANCES: Neerja Saini For The Applicant Nimanthika Kaneira For The Respondent SOLICITORS OF RECORD: Green and Spiegel LLP Barristers and Solicitors Toronto, Ontario For The Applicant Attorney General of Canada Toronto, Ontario For The Respondent

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Citizenship Act, s.22.2(d)

Legislation

Legislation referenced in the available case record.

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