Khalil v. Canada ( Secretary of State )
T-2179-92
Jerome A.C.J.
17/5/94
4 pp.
Application for mandamus directing respondent to allow applicants to take oath of citizenship and requiring Minister to issue certificates of citizenship -- Applicant and husband signed joint application for permanent residence and landed in Canada with children -- Applicant's spouse became subject to inquiry under Immigration Act, s. 27 -- Immigration adjudicator found misrepresentations and missing matters on application for permanent residence such as criminal convictions, refusal of admission into another country, association with political organizations, place of birth, education, work history -- Applicant's spouse found inadmissible by adjudicator -- Applicant applied under Citizenship Act, s. 5 for Canadian citizenship for herself and three children -- After interview, applicant was informed she met requirements and would be called to take oath of citizenship -- Since spouse would gain permanent residence as accompanying spouse of principal applicant, Employment and Immigration decided applicant liable to inquiry; respondent declined to offer opportunity to take oath of citizenship -- Basis of present application approval by Citizenship Judge has never been appealed; duty on respondent to finalize applicant's citizenship by issuing certificate of citizenship; as respondent failed to comply with duty, mandamus should be issued -- Minister's duty under Immigration Act, s. 12(2) to issue certificate of citizenship not arising until approval of application by Citizenship Judge -- No documentary evidence to indicate Citizenship Judge, in accordance with s. 14(2) and (3), has ever approved application or provided written reasons for determination to appropriate parties; until that occurs, Federal Court not in position to require Minister to issue certificate of citizenship -- Appropriate recourse to issue order of mandamus requiring Citizenship Judge to comply with statutory duty under s. 14 of Act -- Immigration Act, R.S.C., 1985, c. I-2, s. 27 (as am. by S.C. 1992, c. 49, s. 16) -- Citizenship Act, R.S.C., 1985, c. C-29, ss. 5, 12(2), 14(2),(3).