CITIZENSHIP AND IMMIGRATION
Status in Canada
Citizens
Appeal from Citizenship Court’s decision dismissing application for citizenship—Applicant falling 385 days short of 1095-day minimum residency requirement—Citizenship Court not erring when applying strict numerical approach in citizenship test—However, exceeding jurisdiction when recommending to Department of Citizenship & Immigration to notify Canadian Border Security Agency, immigration officials that applicant provided incomplete, misleading information regarding residence in Canada—Citizenship Act, R.S.C., 1985, c. C-29, ss. 14(2), 15(1) limiting Citizenship Court’s reporting function to provision of reasons for determination or to recommending to Minister waiver of certain statutory requirements—Not Court’s role to give administrative advice to Department on how citizenship application to be treated for purposes of maintaining border security—In absence of thorough analysis of evidence, Court’s remarks, recommendation unwarranted—Application dismissed.
Serfaty v. Canada (Minister of Citizenship and Immigration) (T-897-07, 2007 FC 1328, Barnes J., judgment dated 17/12/07, 6 pp.)