[2013] 3 F.C.R. D-2
CitIZENSHIP AND Immigration
Status in Canada
Citizens
Appeal from decision of Citizenship Judge denying application for citizenship on grounds residency requirement of Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c) not satisfied—Applicant, Israeli citizen, receiving assessment from Citizenship Judge on basis of period of residency, referral letter—Letter noting that applicant’s passport allegedly stolen—As a result, residency period not reviewable—Citizenship Judge adopting physical presence test—Concluding that applicant absent from Canada 171 days—Applicant submitting Citizenship Judge erring in determining residency start date, inadequately stating reasons—Whether Citizenship Judge’s decision reasonable—Citizenship Judge not failing to assess applicant’s presence in Canada before applicant becoming permanent resident—Misstated residency starting date not constituting error of law requiring Court intervention—However, Citizenship Judge not explaining decision—Decision not justified, transparent, intelligible—Respondent herein asking Court to undertake its own assessment of record—Such “reverse-engineering” of Citizenship Judge’s decision crossing line between supplementing, substituting reasons—De novo examination of record only way to understand Citizenship Judge’s reasons—Appeal allowed.
Korolove v. Canada (Citizenship and Immigration) (T-1157-12, 2013 FC 370, Strickland J., judgment dated April 12, 2013, 19 pp.)