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Canada Case Law

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Immigration 2023 FC 1402

Salimi Tamagheh v. Canada (Citizenship and Immigration)

The Federal Court allowed judicial review because the citizenship officer gave no reasons for refusing to suspend processing, leaving the decision unreasonable.

  • Suspension/adjournment of application
  • Procedural fairness
  • Reasonableness review
  • Statutory interpretation
  • Eligibility for citizenship
  • Judicial-review
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Immigration law 2020 FC 555

S.R. v. Canada (Citizenship and Immigration)

The Federal Court held that a citizenship officer could not hold a citizenship application in abeyance pending judicial review of a removal order.

  • Removal order
  • Suspension of application
  • Judicial review
  • Adjournment discretion
  • Statutory interpretation
  • Eligibility for citizenship
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Immigration law 2011 FC 984

Al-Darawish v. Canada (Citizenship and Immigration)

The Federal Court dismissed the citizenship appeal, holding that a probation order barred citizenship under s. 22(1)(a)(ii) of the Citizenship Act while it was in force.

  • Eligibility for citizenship
  • Probation order bar to citizenship
  • Ministerial discretion to waive requirements
  • Knowledge requirement waiver
  • Statutory interpretation of 'notwithstanding' clauses
  • Citizenship-eligibility
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Immigration law 2008 FC 614

Chang Lee v. Canada (Citizenship and Immigration)

Judicial review of a citizenship refusal was dismissed. The Court found no procedural unfairness or bias and held the applicant fell within the diplomatic exception in s. 3(2).

  • Eligibility for citizenship
  • Diplomatic/consular exception
  • Procedural fairness and disclosure
  • Reasonable apprehension of bias
  • Charter s.7 and s.15 challenges
  • Statutory interpretation
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Immigration law 2003 FC 970

Canada (Minister of Citizenship and Immigration) v. Schneeberger

Summary judgment was granted in a citizenship revocation reference after the Court found the defendant knowingly gave a false blood sample and concealed material facts from the RCMP.

  • Citizenship revocation
  • Misrepresentation
  • Knowing concealment
  • Fraud
  • Summary judgment
  • Criminal investigation
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.