Date: 20011127
Docket: T-2055-00
Neutral citation: 2001 FCT 1291
BETWEEN:
JAVAID IQBAL
Applicant
AND:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondents
[1] The applicant is seeking an order of mandamus to compel the Registrar of Citizenship to complete the processing of his application for Canadian Citizenship.
[2] The applicant was born in Lahore, Pakistan, on October 20, 1964. He arrived in Canada on December 26, 1995 and immediately claimed refugee status. On August 14, 1996, the Convention Refugee Determination Division concluded that the applicant was a Convention Refugee. He applied for permanent residence in Canada and was landed on June 17, 1997.
[3] On September 22, 1999, the applicant filed an application for citizenship. A security background check was completed on November 8, 1999 and a criminal background check on March 31, 2000. By letter dated April 6, 2000, he was invited to take his citizenship test, which would be held on April 20, 2000. Just prior to the day of his test, the applicant received a call from the Registrar advising him that his test was cancelled because there had been an anonymous report made against him and further investigation was required. The test has never been rescheduled.
[4] In the course of this litigation, the respondent has revealed that on April 19, 2000, a day before the applicant was to appear before a Citizenship Judge, Mr. Serge St-Vincent an immigration officer for the Canadian Immigration Centre in Montreal, met with a person who claimed to be "close" to the applicant. The informant alleged that the applicant is a fugitive who had been convicted of murder in Pakistan and sentenced to three and a half years in prison in the Lahore district; that upon release from prison, committed four more murders before fleeing to Canada and claiming refugee status.
[5] Mr. St-Vincent deposed that, on the same day that he met the informant, he took steps to verify the accuracy of the information. He sought to engage the services of the Canadian Embassy in Pakistan. On December 27, 2000, he was told that his request had been received but that the investigation was not yet complete. He was also advised that efforts were being frustrated by Pakistan's bureaucracy. It is alleged that there is only one RCMP member who is responsible for making these sorts of inquiries and Mr. St-Vincent asked that they follow-up with this agent regularly. On January 31, 2001, Mr. St-Vincent was told that a request had been made through Interpol to ensure that the matter was proceeding.
[6] The issue before me is whether the Court should grant an order of mandamus requiring the respondent to proceed with the applicant's application for Canadian citizenship.
[7] As alleged by the applicant, the requirements for citizenship are set out at s. 5(1) of the Citizenship Act, R.S.C. 1985, c. C-29, as amended (the "Act"). The applicant submits that he meets the requirements of subparagraphs (a), (b), (c), and (f) and that there is no reasonable explanation for delaying his application any further.
[8] He further alleges that, since the prison where he was detained was part of the information relayed to Mr. St-Vincent, the inquiry could have proceeded more expeditiously and he submits that the respondent was not sufficiently diligent in pursuing its investigation.
[9] At the opening of the hearing, counsel for the respondent advised that in light of the incidents of September 11, 2001, the embassador along with his staff and the RCMP officer attached to the legation have all been recalled and all investigations are now suspended until further notice.
[10] The Court must be guided by the decision in Khalil v. Canada (Secretary of State) [1994] 4 F.C. 661 (C.A.) which stands for the proposition that the Minister may withhold citizenship if she has good reason to think that the person does not meet the requirements set out in s. 5 of the Act. This jurisprudence also supports the proposition that the Minister must be given the necessary time to investigate. In Conille v. Canada (Minister of Citizenship and Immigration) (1998), [1999] 2 F.C. 33 (T.D.), it is asserted that there is no specific time limit provided in the Act for such investigations but that the process should not be suspended indefinitely; that the authority responsible for the delay should provide satisfactory justification.
[11] In lieu of the developments arising out of the unfortunate incidents of September 11, 2001 and until Canadian authorities return to Pakistan, one cannot expect the Minister to be in a position to proceed in such impossible circumstances and which are beyond her control.
[12] I am hereby staying this matter and it should remain in abeyance for at least one year when the matter may be restored to the hearing list, at the request of the applicant, for further review by any other judge of this Court.
[13] Counsel for the applicant submitted that he should be entitled to his costs. This being judicial review, I am not prepared to exercise my discretion favourably.
JUDGE
OTTAWA, Ontario
November 27, 2001