Canada (Minister of Citizenship and Immigration) v. Pereira, (2014) 456 F.T.R. 287 (FC)

• Judge: LeBlanc, J.
• Court: Federal Court (Canada)
• Case Date: June 03, 2014
• Jurisdiction: Canada (Federal)
• Citations: (2014), 456 F.T.R. 287 (FC);2014 FC 574

Can. (M.C.I.) v. Pereira (2014), 456 F.T.R. 287 (FC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2014] F.T.R. TBEd. JN.030

The Minister of Citizenship and Immigration (applicant) v. Ilda Rosa Moniz Pereira (respondent)

(T-1893-13; 2014 FC 574; 2014 CF 574)

Indexed As: Canada (Minister of Citizenship and Immigration) v. Pereira

Federal Court

LeBlanc, J.

June 17, 2014.

Summary:

Pereira was born in Portgual in 1984 and became a permanent resident of Canada when she was six years old. She applied for Canadian citizenship in 2009. A citizenship judge granted the application. The Minister of Citizenship and Immigration appealed.

The Federal Court allowed the appeal.

Aliens - Topic 2510

Naturalization - General - Duties of citizenship judge - Pereira was born in Portgual in 1984 and became a permanent resident of Canada when she was six years old - In her 2009 application for citizenship and Residence Questionnaire, Pereira reported being physically present in Canada for the entire reference period with the exception of 28 days where she was outside of Canada for two business trips and two vacations - However, a Canada Border Services Agency report showed six entries that Pereira had not declared - Pereira explained this discrepancy to the citizenship judge by stating that her memory had failed her - She also explained that her passport was not available to verify her absences because it had been repossessed by the Portuguese consular authorities when she applied for a new one - The citizenship judge found that Pereira had been physically present in Canada for the requisite number of days and granted her application - The Federal Court allowed the Minister of Citizenship and Immigration's application for judicial review - It was unreasonable for the citizenship judge, who was already deprived of the benefit of the expired passport, to accept Pereira's rather weak and inconceivable explanation for her unreported absences, and to do so without further inquiry - Pereira showed a degree of carelessness that was incompatible with the spirit of the Citizenship Act and the very nature and purpose of the naturalization process - By accepting Pereira's story, the judge abdicated his responsibilities and significantly altered the onus that applicants beared in establishing that they qualified for citizenship.

Aliens - Topic 2511

Naturalization - General - Evidence - [See Aliens - Topic 2510 ].

Aliens - Topic 2525

Naturalization - Qualifications - Residence - [See Aliens - Topic 2510 ].

Cases Noticed:

Sinanan v. Canada (Minister of Citizenship and Immigration), [2011] F.T.R. Uned. 826; 2011 FC 1347, refd to. [para. 13].

Huang v. Canada (Minister of Citizenship and Immigration), [2013] F.T.R. Uned. 276; 2013 FC 576, refd to. [para. 13].

Pourghasemi, Re (1993), 62 F.T.R. 122 (T.D.), refd to. [para. 14].

Papadogiorgakis, Re, [1978] 2 F.C. 208; 88 D.L.R.(3d) 243 (T.D.), refd to. [para. 14].

Koo, Re, [1993] 1 F.C. 286; 59 F.T.R. 27 (T.D.), refd to. [para. 14].

Paez v. Canada (Minister of Citizenship and Immigration), [2008] F.T.R. Uned. 181; 2008 FC 204, refd to. [para. 14].

Pourzand v. Canada (Minister of Citizenship and Immigration), [2008] F.T.R. Uned. 276; 2008 FC 395, refd to. [para. 15].

Xu v. Canada (Minister of Citizenship and Immigration), [2005] F.T.R. Uned. 437; 2005 FC 700, refd to. [para. 15].

Rizvi et al. v. Canada (Minister of Citizenship and Immigration), [2005] F.T.R. Uned. B28; 2005 FC 1641, refd to. [para. 15].

Olufemi Dina v. Canada (Minister of Citizenship and Immigration) (2013), 435 F.T.R. 184; 2013 FC 712, refd to. [para. 16].

Saad v. Canada (Minister of Citizenship and Immigration) (2013), 433 F.T.R. 174; 2013 FC 570, refd to. [para. 18].

Canada (Minister of Citizenship and Immigration) v. Rahman (2013), 445 F.T.R. 32; 2013 FC 1274, refd to. [para. 18].

Balta v. Canada (Minister of Citizenship and Immigration) (2011), 403 F.T.R. 134; 2011 FC 1509, refd to. [para. 18].

Canada (Minister of Citizenship and Immigration) v. Baron (2011), 388 F.T.R. 261; 2011 FC 480, refd to. [para. 18].

Canada (Minister of Citizenship and Immigration) v. Diallo (2012), 424 F.T.R. 156; 2012 FC 1537, refd to. [para. 18].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 19].

Canada (Minister of Citizenship and Immigration) v. Elzubair, [2010] F.T.R. Uned. 176; 2010 FC 298, refd to. [para. 21].

Canada (Minister of Citizenship and Immigration) v. El Bousserghini (2012), 408 F.T.R. 9; 2012 FC 88, refd to. [para. 21].

Canada (Minister of Citizenship and Immigration) v. Dhaliwal, [2008] F.T.R. Uned. 554; 168 A.C.W.S.(3d) 710; 2008 FC 797, refd to. [para. 21].

Abbas v. Canada (Minister of Citizenship and Immigration), [2011] F.T.R. Uned. 83; 2011 FC 145, refd to. [para. 21].

F.H. v. McDougall, [2008] 3 S.C.R. 41; 380 N.R. 82; 260 B.C.A.C. 74; 439 W.A.C. 74; 2008 SCC 53, refd to. [para. 21].

Dan-Ash v. Minister of Employment and Immigration (1988), 93 N.R. 33 (F.C.A.), refd to. [para. 30].

Bakare v. Canada (Minister of Employment and Immigration), [1994] F.C.J. No. 31, refd to. [para. 30].

Adu v. Canada (Minister of Employment and Immigration), [1995] F.C.J. No. 114 (F.C.A.), refd to. [para. 30].

Diadama v. Canada (Minister of Citizenship and Immigration) (2006), 301 F.T.R. 1; 2006 FC 1206, refd to. [para. 30].

Kahiga v. Canada (Minister of Citizenship and Immigration), [2005] F.T.R. Uned. 760; 2005 FC 1240, refd to. [para. 30].

Oppong v. Canada (Minister of Citizenship and Immigration), [1995] F.C.J. No. 1187, refd to. [para. 30].

Counsel:

Ndija Anderson, for the applicant;

Dov Maierovitz, for the respondent.

Solicitors of Record:

William F. Pentney, Deputy Attorney General of Canada, Ottawa, Ontario, for the applicant;

Dov Maierovitz, Toronto, Ontario, for the respondent.

This appeal was heard at Toronto, Ontario, on June 3, 2014, before LeBlanc, J., of the Federal Court, who delivered the following judgment and reasons at Ottawa, Ontario, on June 17, 2014.