Citizenship and Immigration
Status in Canada
Citizens
Appeal from decision by citizenship judge applicant had not met knowledge requirement of Citizenship Act, S.C. 1974-75-76, c. 108, s. 5(1)(e) — Citizenship judge orally re-testing applicant’s knowledge of Canada even though passed written test previous year — Applying factors set out in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, fairness requiring at minimum applicants be re-tested solely where valid reason to do so, adequate notice of impending second test given — In absence of valid reason indicating why citizenship judge needing to re-test applicant, such examination was not required — Appeal granted.
Santos v. Canada (Minister of Citizenship and Immigration) (T-1099-07, 2008 FC 205, Tremblay-Lamer J., judgment dated 18/2/08, 16 pp.)