WEI FEI v. MINISTER OF CITIZENSHIP AND IMMIGRATION
WEI FEI
Law Firm / Organization
Mamann, Sandaluk & Kingwell LLP
Lawyer(s)

Daniel Kingwell

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

Nimanthika Kaneira

Here's a concise summary of "Wei v. Canada (Citizenship and Immigration)" in under 250 words:

  • Background: Fei Wei, originally from China, obtained Canadian citizenship in 2011. It was later discovered that his marriage, which facilitated his immigration, was fraudulent.

  • Case Development:

    • Citizenship Revocation: In July 2022, the Minister revoked Wei's citizenship due to misrepresentation.
    • Wei's Defense: Acknowledged the misrepresentation, citing persecution in China for being gay and a decade-long same-sex relationship in Canada. Argued that revocation would cause statelessness and hardship if removed to China.
    • Minister's Response: Gave little weight to Wei’s remorse, questioned the evidence of his same-sex relationship, and suggested a pathway for Wei to restore Chinese citizenship.
  • Judicial Review:

    • Wei sought judicial review of the revocation.
    • The Court found the Minister’s reasoning fallacious, particularly regarding Wei’s establishment in Canada and the risk of statelessness.
    • The decision was deemed unreasonable for not addressing Wei's specific circumstances.
  • Decision and Costs:

    • The application for judicial review was granted.
    • The decision revoking citizenship was quashed.
    • The matter was remitted for reconsideration by a different delegate of the Minister.
    • There is no specific mention of costs or awards in the document.
  • Conclusion: The Court emphasized the need for a fair and individualized consideration of Wei's circumstances, particularly the impact of statelessness and his establishment in Canada.

Federal Court
T-1640-22
Public law
Applicant
08 August 2022