Canada Immigration,Case Law v. Patmore .Canada (June 1, 2015, J.Federal Court)

Benit Varghese Caselaws 0 Comments

This is a CITIZENSHIP case, Canada (Minister of Citizenship and Immigration) v. Patmore — Appeal —

Case law is not meant for people interested to apply for immigration to Canada, but may be used by those who feel the system is not fair, to gain an understanding of the recourse available in Canada. Content for this video is sourced from information distributed by Thomson Reuters. Judgement for this case is attached in my blog reportersreport.com as a pdf document

Foreign national was citizen of United Kingdom who was landed as permanent resident of Canada January 2, 2008 — Citizenship judge approved application for citizenship applying test in Papadogiorgakis, Re [1978] 88 D.L.R. (3d) 243, 2 A.C.W.S. 482 (Fed. T.D.), concluding that foreign national had centralized her mode of living with her family in Canada despite absences to pursue legal studies in France and England — Foreign national had shortfall of 818 days of legislated requirement of 1195 days — Minister applied for judicial review — Application dismissed — Citizenship judge had opportunity to interview foreign national and to assess her commitment to Canada — Citizenship judge came to conclusion that she had centralized her mode of living in Canada, that her initial establishment with her family and her subsequent visits could not properly be referred to as “visits or stay”, that she was significantly engaged with Canadian society when in Canada to extent her studies permitted, and that she intended to qualify as lawyer in Canada and practice law here — Issue for Court was not whether it would have come to same conclusion, but whether Citizenship judge could reasonably come to his conclusion on basis of record that was before him — While reasons could have been more articulate, it could not be said that they lacked intelligibility or that they were not supported by evidence — As such, reasons were defensible and met standard of reasonableness

Canada (Minister of Citizenship and Immigration) v. Patmore (June 1, 2015, Yves de Montigny J., Federal Court) 255 A.C.W.S. (3d) 550

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