Gulri ( Re )
T-2552-92
Strayer J.
24/6/93
3 pp.
Assault charge outstanding when citizenship application heard -- Citizenship Judge refusing citizenship based on Citizenship Act, s. 22(1)(b) as "indictable offence" charge pending against him -- Appeal allowed -- Criminal Code, s. 266 assault charge either summary conviction or indictable offence -- Appellant establishing assault charge proceeded as summary conviction matter, and either withdrawn or dismissed when entered recognizance to keep peace -- When applicant under temporary ban from obtaining citizenship pursuant to s. 22, and when disqualification known to exist, citizenship application should not be referred to citizenship judge until statutory period of disqualification expired -- If so referred, and citizenship judge of necessity dismissing application, unsuccessful applicant should be strongly advised to submit new application rather than appeal -- Even if disqualification no longer applies, appeal should be dismissed if citizenship judge's decision correct when rendered -- Citizenship Act, R.S.C., 1985, c. C-29, ss. 14, 22 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 11) -- Criminal Code, R.S.C., 1985, c. C-46, s. 266.