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"
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