Xu v. Canada (Citizenship and Immigration)
- Citation
- 2021 FC 1248
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 17 November 2021
- Posture
- Judicial Review (citizenship Revocation) / Supplementary Judgment Following Remittal Order; Original Judicial Review Allowed and Matter Remitted
- Language
- English
More details
- Court
- Federal Court
- Decision
- 17 November 2021
- Posture
- Judicial Review (citizenship Revocation) / Supplementary Judgment Following Remittal Order; Original Judicial Review Allowed and Matter Remitted
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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 SainiThe Minister of Citizenship and Immigration
Respondent Counsel: Nimanthika Kaneira03
Procedural history
Posture
Judicial Review (citizenship Revocation) / Supplementary Judgment Following Remittal Order; Original Judicial Review Allowed and Matter Remitted
04
Questions and positions
Legal issues
- 01
Whether to certify a question of general importance under paragraph 22.2(d) of the Citizenship Act
- 02
Whether any question arising from the Court's judgment warrants certification
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 17 November 2021
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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