Canada Immigration Case-law Canada v Purvis, Qualifications — General by Joy Stephen, Polinsys

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CITIZENSHIP — Qualifications — General

Judgement for this Case: Click here!

Quantitative and qualitative tests — Foreign national was citizen of United States who married Canadian citizen and became permanent resident in 1989 — Citizenship judge approved application on ground foreign national met physical presence test — Citizenship judge then went on to consider whether foreign national was “koo-able” — Minister brought appeal, contending that citizenship judge erred by blending quantitative and qualitative tests — Appeal dismissed — Citizenship judge approved foreign national’s application for citizenship on basis of quantitative test, although he complicated matters unnecessarily by invoking Koo test — Decision would certainly have been clearer without this complication, however Minister conceded that citizenship judge did not render decision on Koo factors — Unfortunate as citizenship judge’s ruminations on Koo may be, court was not satisfied that those considerations blended into his quantitative analysis and there was no reviewable error

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