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CITIZENSHIP AND IMMIGRATION

Status in Canada

Citizens

Judicial review of confiscation of applicants’ passports and citizenship certificates—Applicants’ father worked as Information Officer with League of Arab States in Ottawa from 1985 to 1990—Applicants born in Canada during this period—Citizenship Act, R.S.C., 1985, c. C-29, c. 3(2)(a) provides person born in Canada not entitled to citizenship if: at time of birth, neither parent citizen or permanent resident and either parent diplomatic or consular officer—In case at bar applicants’ father “diplomatic or consular officer” within meaning of Interpretation Act, R.S.C., 1985, c. I-21—Pursuant to that Act and to general principles of interpretation of laws, “diplomatic or consular officer” interpreted in keeping with meaning prevailing when interpreted in regard to Citizenship Act—Applicants never enjoyed Canadian citizenship; citizenship certificates issued in error—Application dismissed.

Hitti v. Canada (Minister of Citizenship and Immigration) (T-1328-06, 2007 FC 294, Harrington J., order dated 19/3/07, 20 pp.)

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