23 Oct 2023
ZAHRA SALIMI TAMAGHEH v THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Background:
- Parties: Applicant - Zahra Salimi Tamagheh; Respondent - The Minister of Citizenship and Immigration.
- Issue: Judicial review of the decision on Tamagheh's Canadian citizenship application.
Key Points:
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Citizenship Application Process:
- Applied in November 2017, application initially deemed abandoned, later reopened in March 2019.
- Suspended in May 2019 due to an investigation.
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Permanent Resident Status Impact:
- May 2022: Refugee Protection Division decision resulted in loss of Tamagheh's permanent resident status, impacting citizenship eligibility.
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Judicial Review Request:
- Tamagheh sought judicial review of her citizenship application process in June 2022.
- Requested suspension of citizenship processing pending judicial review.
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Citizenship Decision:
- Citizenship application refused in November 2022 without considering suspension request.
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Federal Court Decision:
- Judicial review application granted.
- November 2022 citizenship decision set aside for reconsideration.
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Outcome:
- Application for judicial review allowed, redetermination ordered.
Total Award to Successful Party:
- No costs awarded as per the judgment.
Conclusion:
- Federal Court allowed Tamagheh's judicial review, requiring redetermination of her citizenship application, with no costs awarded.