CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Citizens |
Poon v. Canada (Minister of Citizenship and Immigration)
T-545-00
2001 FCT 232, Heneghan J.
22/3/01
6 pp.
Appeal from Citizenship Judge's decision refusing applicant's application for Canadian citizenship on basis applicant failed to accumulate at least 3 years (1095 days) of residence within 4 years immediately preceding application for citizenship as required by Act, s. 15(1)(c)--Applicant argued Citizenship Judge misinterpreted principles of residence and acted improperly in telephoning applicant on day following interview, before rendering decision, without prior notice to counsel--Appeal allowed--Citizenship Judge acted improperly in telephoning applicant at home on day after interview, before rendering decision--While procedure followed by citizenship judges in dealing with citizenship applications may be informal, such informality not authorizing independent inquiry process by those judges--Questionable practice for Citizenship Court to obtain information on its own; function of Citizenship Court to consider evidence presented and to make decision on that basis, not to conduct or direct investigation and utilize information obtained in making of decision: Cheung (Re), [1995] F.C.J. No. 922 (F.C.T.D.) (QL)--Citizenship Judge required to consider what is before him and not to pursue inquiries independent of interview conducted by him.