Canada (Citizenship and Immigration) v. Arredondo
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Canada (Citizenship and Immigration) v. Arredondo Court (s) Database Federal Court Decisions Date 2012-08-27 Neutral citation 2012 FC 1019 File numbers T-1965-11 Decision Content Date: 20120827 Docket: T-1965-11 Citation: 2012 FC 1019 Calgary, Alberta, August 27, 2012 PRESENT: The Honourable Mr. Justice Shore BETWEEN: MINISTER OF CITIZENSHIP AND IMMIGRATION Applicant and ALEJANDRO ARREDONDO Respondent REASONS FOR ORDER AND ORDER [1] The finding of inadequate reasons is reason enough to allow an appeal. [2] The Citizenship Judge did not address the residence requirements necessary for citizenship, nor had the first-instance judge even summarized of what those essential requirements consist. [3] The three reasons provided in the decision are wholly inadequate and irrelevant to an application for citizenship under the residency requirements. In addition, they are unintelligible as the inherent reasoning of the Citizenship Judge cannot even be determined. [4] Therefore, the decision is set aside and the matter is remitted to another Citizenship Judge for consideration anew. This is to ensure that the three residency test requirements under the legislation for citizenship are at the very least, considered (paragraph 5(1)(c) of the Citizenship Act, RSC 1985, c H-6). [5] A decision taken without appropriate analysis and, thus, adequate consideration of legislation cannot be allowed to stand. ORDER THIS COURT ORDERS that the decision be set aside and the matter be remitted to another…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Canada (Citizenship and Immigration) v. Arredondo Court (s) Database Federal Court Decisions Date 2012-08-27 Neutral citation 2012 FC 1019 File numbers T-1965-11 Decision Content Date: 20120827 Docket: T-1965-11 Citation: 2012 FC 1019 Calgary, Alberta, August 27, 2012 PRESENT: The Honourable Mr. Justice Shore BETWEEN: MINISTER OF CITIZENSHIP AND IMMIGRATION Applicant and ALEJANDRO ARREDONDO Respondent REASONS FOR ORDER AND ORDER [1] The finding of inadequate reasons is reason enough to allow an appeal. [2] The Citizenship Judge did not address the residence requirements necessary for citizenship, nor had the first-instance judge even summarized of what those essential requirements consist. [3] The three reasons provided in the decision are wholly inadequate and irrelevant to an application for citizenship under the residency requirements. In addition, they are unintelligible as the inherent reasoning of the Citizenship Judge cannot even be determined. [4] Therefore, the decision is set aside and the matter is remitted to another Citizenship Judge for consideration anew. This is to ensure that the three residency test requirements under the legislation for citizenship are at the very least, considered (paragraph 5(1)(c) of the Citizenship Act, RSC 1985, c H-6). [5] A decision taken without appropriate analysis and, thus, adequate consideration of legislation cannot be allowed to stand. ORDER THIS COURT ORDERS that the decision be set aside and the matter be remitted to another Citizenship Judge for consideration anew. “Michel M.J. Shore” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-1965-11 STYLE OF CAUSE: MINISTER OF CITIZENSHIP AND IMMIGRATION v ALEJANDRO ARREDONDO MOTION HELD VIA VIDEOCONFERENCE ON AUGUST 27, 2012 FROM CALGARY, ALBERTA AND EDMONTON, ALBERTA REASONS FOR ORDER AND ORDER SHORE J. DATED: August 27, 2012 ORAL AND WRITTEN REPRESENTATIONS BY: Rick Garvin FOR THE APPLICANT Party did not appear FOR THE RESPONDENT SOLICITORS OF RECORD: Myles J. Kirvan Deputy Attorney General of Canada Edmonton, Alberta FOR THE APPLICANT Party did not appear FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
Démocratie en surveillance c. Canada (Procureur général)
2024 CAF 158