Canada Immigration Case-law Mahdi Canada, CITIZENSHIP — Qualifications — Residence

Judgement of this Case: Click Here!
CITIZENSHIP — Qualifications — Residence — Respondent was granted citizenship — Undisclosed travel was concern given that respondent was only slightly over minimum requirement for physical presence in Canada — There was suggestion that respondent might have had additional passport that was not disclosed — Respondent had family in United States but claimed to have never visited them — Minister sought judicial review — Application granted — Citizenship Judge’s decision was unreasonable — There were numerous inconsistencies and gaps in evidence, effect of which was to raise serious concerns with respect to respondent’s evidence regarding his physical presence in Canada, his travel history, and sufficiency of evidence documenting his presence in Canada — It was incumbent on Citizenship Judge to make further inquiries — No attempt was made to engage with evidence or to address concern — Citizenship Judge failed to question assertion that respondent did not visit family in United States in light of its inherent implausibility and missing passport information — There were additional problems with respondent’s identity documents — Citizenship Judge did not address complete lack of banking information for one year