Applicant
Respondent
- Parties: The applicant was Mohamed Ahmed Hassan. The respondent was the Minister of Citizenship and Immigration.
- Subject Matter: A delegate of the Minister of Citizenship and Immigration refused to grant the applicant citizenship under s. 5(4) of the Citizenship Act, 1985. The delegate found the applicant’s work to not be of exceptional value to merit an exercise of discretion under the discretionary power to grant citizenship. The delegate also found that the applicant did not face special and unusual hardship that only a grant of citizenship could alleviate. The applicant sought judicial review of the delegate’s decision.
- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application. The court held that no certification questions arose or were proposed by the parties. The court found the decision reasonable and lacking any reviewable errors. The court decided that the delegate issued entirely coherent reasons and justifiably determined that the applicant’s work duties for UNICEF abroad – in management of financial and administrative support – failed to meet the exceptionality required by s. 5(4) of the Act. The court noted that it would make discretionary grants of citizenship under that provision only in very exceptional cases, as case law consistently held.
- Date: The hearing was set on May 17, 2023. The court released its decision on May 23, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: No financial award was specified.
Court
Federal CourtCase Number
T-1395-22Practice Area
Administrative lawAmount
$ 0Winner
RespondentTrial Start Date
07 July 2022Download documents