Abdellatif v. Canada (Citizenship and Immigration)
ABDELLATIF, NADER AHMED EZZAT
Law Firm / Organization
Legal Aid Ontario
Lawyer(s)

John Rokakis

MINISTER OF CITIZENSHIP & IMMIGRATION
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Christopher Ezrin

- Parties: The applicant was Nader Ahmed Ezzat Abdellatif. The respondent was the Minister of Citizenship and Immigration.

- Subject Matter: The applicant applied for Canadian citizenship under s. 5(4) of the Citizenship Act, 1985. A delegate of the Minister of Citizenship and Immigration refused the application. The delegate determined that the applicant was not stateless, had not experienced special or undeserved hardship, and had not provided services of exceptional value to Canada warranting a discretionary grant of citizenship. The delegate concluded that the applicant failed to demonstrate that he should be granted discretionary citizenship to alleviate any special and unusual hardship or to reward services of an exceptional value to Canada. The applicant filed a judicial review application challenging the delegate’s decision.

- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application. The court saw no error on the delegate’s part that warranted the court’s intervention. The court found the delegate’s highly discretionary decision transparent, intelligible, and justified in relation to the relevant factual and legal constraints. The court held that the delegate clearly grappled with the evidence in the record. The court determined that the parties failed to propose a serious question of general importance that justified certification.

- Date: The hearing was set on Apr. 24, 2023. The court released its decision on July 18, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: No financial award was specified.

Federal Court
T-1138-22
Constitutional law
$ 0
Respondent
26 May 2022