Here's a concise summary of "Wei v. Canada (Citizenship and Immigration)" in under 250 words:
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Background: Fei Wei, originally from China, obtained Canadian citizenship in 2011. It was later discovered that his marriage, which facilitated his immigration, was fraudulent.
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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.
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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.
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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.
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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.