FRIDAY, JANUARY 9, 2015
CITIZENSHIP JUDGE HAS JURISDICTION TO RETEST APPLICANT
The Federal Court affirmed its previous jurisprudence that a Citizenship Judge has the jurisdiction to re-test an applicant who previously passed the written test.
Wang v. Canada (Minister of Citizenship and Immigration)
Between
Helen Wang, Applicant, and
The Minister of Citizenship and Immigration, Respondent
http://visalawcanada.blogspot.ca/2015/01/citizenship-judge-has-jurisdiction-to.html
Her husband had never lived in Canada and lost his permanent residency status in 2012.
Curiously, although the citizenship test was conducted on September 22, 2011, the residency questionnaire completed by the applicant, and declared to be true, indicated that on September 17, 2011, the applicant was in Shanghai. （代考？）
Further, in part 11 of the questionnaire eliciting absences from Canada the reason "vacation of 321 days" was noted. This alone was sufficient to trigger a re-examination. An absence from Canada for nearly a full year is not a vacation. The Citizenship Judge concluded:
· You have not lived in Canada since the day of your application for citizenship on July 5, 2010, more than 31/ 2 years ago, and since then you have only visited Canada for less than six weeks in total. Accordingly, a genuine concern arises that you have lost touch with Canada, its institutions, its people, its values and traditions. In order to find that you have met the knowledge requirement of the Act, I must be satisfied that you have preserved this basic understanding of Canada.
23 The Citizenship Judge also concluded that the applicant did not understand the responsibilities of Canadian citizenship because of her collection of GST/HST credits and child tax benefits while she and her child were out of Canada for extended periods of time.
华裔女子悲剧了：蹲够了移民监求入籍被拒