Canada (Citizenship and Immigration) v. Chua

Canada (Citizenship and Immigration) v. Chua
Court (s) Database
Federal Court Decisions
Date
2016-04-18
Neutral citation
2016 FC 428
File numbers
T-1723-15
Decision Content
Date: 20160418
Docket: T-1723-15
Citation: 2016 FC 428
Vancouver, British Columbia, April 18, 2016
PRESENT: The Honourable Madam Justice Kane
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
and
WILLARD AARON S DY CHUA
Respondent
JUDGMENT
UPON AN APPLICATION by the Minister of Citizenship and Immigration for judicial review under section 22.1 of the Citizenship Act, RSC 1985, C-29, as amended [Act], of the decision of a Citizenship Judge, dated September 14, 2015, that approved the Citizenship Application of the respondent, Willard Aaron S Dy Chua’s, pursuant to subsection 5(1) of the Act;
AND UPON considering the applicant’s motion, dated April 12, 2016, for an Order granting the application for judicial review without referral to a decision maker for re- determination, to which the respondent consents;
AND UPON considering the applicant’s submissions that the respondent will not be prejudiced by this outcome and may make a new application for Citizenship based on the relevant criteria including his days of residence in Canada;
AND UPON considering the Consent Order provided to the Court signed by Counsel for the applicant and by the respondent;
THIS COURT ORDERS that:
1. The application for judicial review is allowed.
2. The decision of the Citizenship Judge, Gerald Pash, dated September 14 2015 is quashed.
3. The respondent’s application for citizenship shall not be referred to another decision maker for redetermination.
4. No costs are awarded.
"Catherine M. Kane"
Judge