April 9, 2014

Stanizai v Canada (Minister of Citizenship and Immigration)

Latest Immigration Decision

 Stanizai v Canada (Minister of Citizenship and Immigration)

 Deciders: Anne L. Mactavish J.

Court: Federal Court

Citation: 2014 FC 74

Judgement: January 22, 2014

Docket:  T-1225-13

[53]           At issue in Platonov was section 17 of the Citizenship Act, which provides that where the Minister is of the view that “there is insufficient information” in order to ascertain if an applicant meets the requirements of the Act and the regulations, “the Minister may suspend the processing of the application for the period, not to exceed six months immediately following the day on which the processing is suspended, required by the Minister to obtain the necessary information”.  The period of suspension at issue in Platonov had exceeded the six month period contemplated by section 17 of the Act.

[55]           In any event, it bears repeating that some three and a half years elapsed between the date that Mr. Stanizai applied for citizenship and the date that file was referred to a citizenship judge for review. In my view, this should have been more than sufficient time to “check out” Mr. Stanizai, particularly in light of the fact that the delays in this case do not appear to have been attributable to a need to wait for responses from third parties such as foreign agencies.

[62]           In this case, although counsel alluded to a lack of clean hands on the part of Mr. Stanizai in response to a question from the Court, the respondent did not argue that there was an equitable bar to mandamus in its memorandum of fact and law. Nor has the respondent argued that any of the remaining conditions formandamus have not been satisfied here.

[63]           As a consequence, I am satisfied that mandamus should issue. In the unusual circumstances of this case, and given the inordinate and unexplained delays in this matter, I am, moreover, satisfied that an order like that made in Murad would be appropriate. Consequently, this Court will order that the respondent grant citizenship to Mr. Stanizai within thirty days of the Court’s judgment in this matter.