T-1052-09
2010 FC 298
March 16, 2010
Principle Established: Citizenship misrepresentation does render applicant inadmissible
The applicant was a permanent resident of Canada who applied for citizenship. In her application she indicated she was absent for only 311 days during the four year period. She was asked to provide proof of residence in Canada and subsequently indicated being absent for 359 days. The applicant was called for a hearing and she was given citizenship despite contradicting information in her application.
The Minister of Citizenship and Immigration appealed this decision and questioned the standard of review of the Citizenship Judge.
The court point out that the Citizenship Judge’s decision in granting citizenship was deficient. The fact that the applicant submitted conflicting information in her residency questionnaires was prima facie evidence of misrepresentation.
However, citizenship misrepresentation does not render a PR inadmissible or subject to removal proceedings. The applicant can still reapply for citizenship.
The application for judicial review was allowed and the decision of the Citizenship Judge quashed.
