| Citation: |
Ghaedi v. Canada (Citizenship and Immigration), 2011 FC 85, [2011] 1 F.C.R. D-14 |
T-1048-10 |
Citizenship and Immigration
Status in Canada
Citizens
Appeal from Citizenship Court rejecting application for citizenship on basis of strict physical presence test of residency—Applicant arguing Citizenship Court erring in not considering more flexible standard of functional residency approach—Issue whether Court to continue following Lam v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 7776 (F.C.) or adopt more recent views expressed in Canada (Minister of Citizenship and Immigration) v. Takla, 2009 FC 1120—Lam recognizing three different residency tests under Act—Similar citizenship cases decided differently depending on applied test—Takla recognizing that qualitative approach for residency dominant test—Views expressed in Takla compelling, justifying departure from Lam—Benefits of harmonized approach to residency outweighing concerns expressed in Lam about deferring to Citizenship Court—Deference not outweighing need for adjudicative consistency, predictability of judicial outcomes—Judicial comity not applicable on this issue—If common view not adopted by Court over time, unlikely Citizenship Court will adopt one—Application allowed.
Ghaedi v. Canada (Citizenship and Immigration) (T-1048-10, 2011 FC 85, Barnes J., judgment dated January 25, 2011, 7 pp.)