Wong ( Re )
T-2003-96
Wetston J.
18/11/97
4 pp.
Citizenship judge approving application for citizenship between June 12 and July 5, 1996-On July 5 officer/ manager preparing internal memo to Registrar expressing disagreement with Judge's decision-On July 8, manager informing Judge file to be sent to Ottawa for appeal of Judge's decision-Judge requesting to see file again-Between July 8 and 12, Judge reversing decision-On July 16, applicant receiving notice of denial of citizenship based on failure to meet residency requirements-Hence, present appeal-September 17, 1997 internal memo from Manager of Citizenship Registration Centre noting sequence of events, indicating author informing Citizenship Judge any questionable files will be referred directly to Minister without any "second looks" by him-Citizenship Act, s. 14(2) providing citizenship judge shall approve or not approve application in accordance with his or her determination-Citizenship judge's duties primarily judicial, i.e. decisions made according to law-Whether or not citizenship judge can also consider administrative policy, in sense of broader questions of public interest with respect to citizenship, approval, disapproval must only be in accordance with "his or her determination"-After positive determination made, Citizenship Judge functus officio-Appropriate to proceed by way of ministerial appeal-Citizenship Judge committed error of law-If Minister disagreeing with citizenship judge's decision, only option to appeal that decision-Since Citizenship Judge functus officio, appeal should have been brought by Minister, not applicant-Wrong decision appealed-Appeal allowed-Citizenship Act, R.S.C., 1985, c. C-29, ss. 5(1)(c), 14(2).