Canada ( Minister of Citizenship and Immigration ) v. Singh
T-1324-95
Gibson J.
5/7/96
9 pp.
Application for declaration respondent obtaining citizenship by false representation or by knowingly concealing material circumstances-Respondent deported in 1976-In 1981 falsely representing name, date of birth, and using improperly obtained immigrant visa to gain admission as permanent resident-In immigrant visa, record of landing, falsely stating had never been required to leave Canada-Citizenship granted in 1985 based on application in which falsely stating never under deportation order-Counsel seeking to introduce "expert" evidence as to whether, in 1981, ministerial permission to return to Canada likely to have been given in accordance with immigration practice at time, and as to effect of revocation of citizenship-R. 920 providing R. 919 applies, in turn making R. 5 (Gap Rule) applicable-R. 5 allowing Court to determine practice and procedure-By analogy to RR. 319(4), 482 expert evidence should not be received without leave-In determining whether leave should be granted, relevance of evidence to Court's mandate in proceeding under Citizenship Act, s. 18 of primary importance-Proposed expert evidence might be relevant to determination whether citizenship should be revoked, but not relevant to whether person obtaining citizenship by false representation or fraud or by knowingly concealing material circumstances-Leave to introduce evidence denied-Advice as to effect of revocation of citizenship in letter from Registrar of Canadian Citizenship not failure in responsibilities so as to raise estoppel-Any failure to appropriately advise as to effect of revocation of citizenship to be considered by Minister in determining what further steps appropriate, not as basis for exercise of Court's equitable discretion, given limited mandate in process possibly leading to revocation of citizenship-Application allowed-Citizenship Act, R.S.C., 1985, c. C-29, ss. 10(2), 18-Immigration Act, R.S.C., 1985, c. I-2, s. 2 "permanent resident" (as am. by S.C. 1992, c. 49, s. 1)-Federal Court Rules, C.R.C., c. 663, RR. 319(4), 482 (as am. by SOR/90-846, s. 18), 920.