CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Citizens |
Gordon v. Canada (Minister of Citizenship and Immigration)
T-1331-01
2003 FCT 201, Snider J.
20/2/03
8 pp.
Appeal against Registrar of Canadian Citizenship's (RCC) refusal to issue citizenship certificates to applicants born outside of Canada (in Israel, in 1952, 1956)--Whether Canadian Citizenship Act (CCA), s. 20(1) properly applied to applicants, minors under disability or incapacitated-- Applicants' father, Canadian citizen, moved to Israel, obtained Israeli citizenship in 1969--When father acquired Israeli citizenship, lost Canadian citizenship in conformity with CCA, s. 15(1) (Canadian citizen loses citizenship where voluntarily and formally acquires citizenship of another country)--As result, applicants lost their Canadian citizenship by automatic operation of s. 20(1)--Case law on loss of permanent residence status not applicable as legislation different from that in present case--Since CCA, ss. 15(1), 20(1) properly applied to facts of case at bar, applicants lost Canadian citizenship on February 8, 1969--As result, RCC did not err in refusing to issue citizenship certificates to applicants as Citizenship Act, s. 12(1) providing only Canadian citizens can be issued certificates--Appeal dismissed--Citizenship Act, R.S.C., 1985, c. C-29, s. 12(1)-- Canadian Citizenship Act, R.S.C. 1952, c. 33, ss.15(1), 20(1) --Immigration Act, R.S.C., 1985, c. I-2, s. 24 (as am. by S.C. 1995, c. 15, s. 4).