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May 19, 2016

M.C.I. v. Hall 2016 FC 550

Ms. Hall application for Canadian citizenship had been approved by a Citizenship judge.  Immigration Canada challenged that approval by bringing an Application for Leave and Judicial Review in the Federal Court against Ms. Hall.

Ms. Hall retained Eastman Law Office to represent her in the Federal Court.

Immigration Canada argued that the Citizenship judge decision was unreasonable because the evidence did not support the judge’s findings regarding Ms. Hall’s number of days in Canada that was required in order to be eligible for Canadian citizenship. Specifically, Immigration Canada argued that the Citizenship judge failed to independently assess Ms. Hall’s evidence of her days in Canada, but simply relied upon an immigration officer’s assessment.

Eastman Law office counter argued that a decision-maker is deemed to have consider all the evidence before them and that the judge’s reasons for his decision make clear that he did consider the evidence that Immigration Canada was saying he didn’t. The Federal Court agreed and ruled in Ms. Hall’s favour.

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