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Khalil v. Canada ( Secretary of State )

T-2179-92

Jerome A.C.J.

20/8/96

4 pp.

Application for mandamus with respect to citizenship applications-In 1986 applicant, husband signed joint application for permanent residence containing material misrepresentations regarding husband's criminal convictions, association with political organizations, work history-Husband found inadmissible to Canada, but not yet removed as pending application for refugee status-Applicant applied for Canadian citizenship in 1990 for herself and three minor applicants-Citizenship judge indicating applicant appeared to qualify, but not called for swearing-in ceremony-Grant of citizenship delayed until determination whether husband made false representations-As applicant co-signed application for permanent residence, attesting to accuracy of information therein-Minister cannot make necessary determination concerning effect of Citizenship Act, s. 5(c) until finalization of application for refugee status-S. 10 providing citizenship revoked if obtained based on false representations on application for permanent residence-More orderly for Minister to first investigate suspicions of false representation before granting citizenship than to risk complex revocation proceedings contemplated by s. 18-Application adjourned sine die-Citizenship Act, R.S.C., 1985, c. C-29, ss. 5, 10, 18.

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