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”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1965-11
STYLE OF CAUSE: MINISTER OF CITIZENSHIP AND IMMIGRATION
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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 |
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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