Date: 20130611
Docket: T-283-12
Citation: 2013 FC 639
Ottawa, Ontario, June 11, 2013
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
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THE MINISTER OF CITIZENSHIP AND IMMIGRATION
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Applicant
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and
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JING LIU
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Respondent
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REASONS FOR FURTHER ORDER AND ORDER
[1] The Court had ordered that the appeal be granted and the matter remitted to the same Citizenship Judge, if available. It was hoped that such a remedy, directed at the deficiencies in the original decision, could yield an expeditious re-determination.
[2] That specific remedy has become impossible because the original Citizenship Judge’s mandate has expired and there is no continuing authority to deal with matters which arose during the judge’s mandate. Thus, the Citizenship Judge is not available.
[3] Therefore, this matter must be referred back to a different citizenship judge for re‑determination. The Court makes no comment on which judge should be responsible for the re‑determination; a transfer to another judge is apparently in place.
[4] Therefore, the Order of this Court shall now read:
THIS COURT ORDERS that the appeal is granted. The matter is referred back for re-determination by another judge.
ORDER
THIS COURT ORDERS that the appeal is granted. The matter is referred back for re‑determination by another judge.
“Michael L. Phelan”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-283-12
STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION
and
JING LIU
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: November 20, 2012
REASONS FOR FURTHER
ORDER AND ORDER: PHELAN J.
DATED: June 11, 2013
APPEARANCES:
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Ms. Ada Mok
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FOR THE APPLICANT
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Ms. Shelley Levine |
FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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MR. WILLIAM F. PENTNEY Deputy Attorney General of Canada Toronto, Ontario
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FOR THE APPLICANT |
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LEVINE ASSOCIATES Barristers & Solicitors Toronto, Ontario |
FOR THE RESPONDENT
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