| Citation: |
Wang v. Canada (Citizenship and Immigration), 2010 FC 841, [2010] 4 F.C.R. D-1 |
T-262-10 |
Citizenship and Immigration
Status in Canada
Citizens
Application for mandamus compelling Minister of Citizenship and Immigration to process applicant’s citizenship application—Citizenship application submitted in July 2008, residence questionnaire answered in April 2009—In January 2010, citizenship officer reviewing applicant’s file recommending RCMP investigation under Citizenship Act, R.S.C., 1985, c. C-29, s. 29, regarding misrepresentation of home address—Applicant submitting should Minister investigate, he may only suspend proceedings for six months, pursuant to Act, s. 17—Court previously finding s. 17 not mandatory time limit, suggesting s. 17 only coming into play after citizenship judge has decided, Minister obligated to confer citizenship—Nevertheless, while overall purpose for s. 17 suspension is to allow Minister flexibility to investigate when not satisfied with information provided, also imposing constraint—Once six month period exceeded, incumbent on Minister to explain delay in processing citizenship application—Such explanation providing applicants with opportunity to assist their cause—Also providing transparency in citizenship application process—No reason why Registrar of Canadian Citizenship, in whose hands present inquiry currently resting, ought not observe similar requirement—While citizenship officer not precluded from requesting RCMP investigation, important that resulting delay not be unreasonably extended—Although applicant not provided with acceptable explanation for delay, seven month delay not unreasonable such that it warrants Court’s intervention by way of mandamus—Application dismissed.
Wang v. Canada (Citizenship and Immigration) (T-262-10, 2010 FC 841, Mandamin J., judgment dated August 25, 2010, 16 pp.)