Ma v. Canada ( Minister of Citizenship and Immigration )
T-978-98
Reed J.
3/3/99
5 pp.
Appeal from two decisions of citizenship judge denying applicants citizenship as residency requirement under Citizenship Act, s. 5(1)(c) not fulfilled-Prior to April 25, 1998, procedure used on such appeals hearing de novo before Federal Court judge-New Federal Court Rules, 1998 providing appeals to be dealt with as applications procedurally in manner similar to judicial reviews-Applicants' argument not given fair opportunity to present case to citizenship judge supported by evidence-Question as to what remedy appropriate in circumstances-Appeal under Citizenship Act, s. 14(5) not judicial review application under Federal Court Act, s. 18-S. 18.5 stating when appeal provided for in Act, judicial review under ss. 18, 18.1 not available-Appeals in general based on record of proceeding below, albeit of more comprehensive nature than judicial review-R. 300 et seq. silent as to whether in case of citizenship appeals, affidavits to be filed in support of application may contain new evidence or not-Court having authority in present case to quash decision below, to refer application back for rehearing-Authority to refer matter back for rehearing inherent in appeal process-Even under old de novo hearing procedure, referral back for rehearing ordered where citizenship judge failed to consider matter that should have been considered-Appeal allowed-Applications referred back for reconsideration by different citizenship judge-Citizenship Act, R.S.C., 1985, c. C-29, ss. 5(1)(c), 14(5)-Federal Court Rules, 1998, SOR/98-106, r. 300-Federal Court Act, R.S.C., 1985, c. F-7, ss. 18 (as am. by S.C. 1990, c. 8, s. 4), 18.1 (as enacted idem, s. 5), 18.5 (as enacted idem).