Date:
20120827
Docket:
T-1965-11
Citation:
2012 FC 1019
Calgary, Alberta,
August 27, 2012
PRESENT: The
Honourable Mr. Justice Shore
BETWEEN:
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MINISTER OF CITIZENSHIP
AND IMMIGRATION
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Applicant
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and
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ALEJANDRO ARREDONDO
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Respondent
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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”
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:
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Rick Garvin
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FOR THE APPLICANT
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Party did not
appear
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Myles J. Kirvan
Deputy Attorney General of
Canada
Edmonton,
Alberta
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FOR THE APPLICANT
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Party did not
appear
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FOR THE RESPONDENT
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