Tan v. Canada (Citizenship and Immigration)
Nan Tan
Law Firm / Organization
Independent
Lawyer(s)

Matthew Jeffery

Minister of Citizenship and Immigration

- Parties: The applicant was Nan Tan. The respondent was the Minister of Citizenship and Immigration.

- Subject Matter: The applicant filed a judicial review application alleging that the Citizenship Act, 1985 as amended violated paragraph 2(e) of the Canadian Bill of Rights, 1960 and s. 7 of the Canadian Charter of Rights and Freedoms.

- Ruling: The court ruled in the respondent’s favour, dismissed the judicial review application, and certified the following question proposed by the respondent: “Does section 10 of the Citizenship Act, by which citizenship that was obtained by ‘false representation or fraud or by knowingly concealing material circumstances’ may be revoked, violate paragraph 2(e) of the Canadian Bill of Rights?” The court noted that this case met the conditions for certification and that the applicant agreed that it was an appropriate question for certification. The court held that the applicant failed to show that the decision was unreasonable and failed to raise the constitutional issue before the Minister’s delegate first as it should have been. The court determined that it would be inappropriate to consider the constitutional issue on judicial review. The court concluded that s. 10 of the Citizenship Act did not breach paragraph 2(e) of the Bill of Rights or s. 7 of the Charter.

- Date: The hearing was set on July 11, 2023. The court released its decision on Apr. 18, 2024.

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

- Amount: The court awarded no costs.

Federal Court
T-1232-22
Constitutional law
$ 0
Respondent
14 June 2022