GERMAN PALOMINO Applicant v. THE MINISTER OF IMMIGRATION, REFUGEES AND CITIZENSHIP, 2022 FC 654

Date: 20220505 Docket: T-1058-20 Citation: 2022 FC 654 [ENGLISH TRANSLATION] Ottawa, Ontario, May 5, 2022 PRESENT: The Honourable Madam Justice Rochester BETWEEN: GERMAN PALOMINO Applicant and THE MINISTER OF IMMIGRATION, REFUGEES AND CITIZENSHIP Respondent JUDGMENT AND REASONS [ 1 ] The applicant, German Palomino, is seeking an order of mandamus to compel the Minister of Immigration, Refugees and Citizenship to lift the suspension of his citizenship file and render a decision on his citizenship application before the scheduled hearing before the Refugee Protection Division (RPD) to determine the cessation of the applicant’s refugee status considering the applicant voluntarily claimed Peru’s protection and voluntarily returned to live in Peru, a country he initially fled to seek refugee protection in Canada. [ 2 ] During the hearing of the present case, after having heard the parties, I rendered my decision orally, dismissing the application because it was moot, and stated that the reasons for my decision would follow shortly. [ 3 ] The applicant is a citizen of Peru.

He left Peru in 2002, and obtained refugee status in Canada in 2003. In 2005, he obtained permanent resident status in Canada. In 2007, the applicant obtained a Peruvian passport. Between 2005 and 2017, the applicant admits that he travelled to Peru at least 14 times.

On October 12, 2017, the applicant applied for Canadian citizenship under subsection 5(1) of the Citizenship Act , RSC 1985, c C-29 . [ 4 ] In May 2019, under subsection 108(2) of the Immigration and Refugee Protection Act, SC 2001, c 27 ( IRPA ), the Minister asked the RPD to determine that the applicant’s refugee status had ceased because he had obtained a Peruvian passport and made frequent trips to Peru. [ 5 ] On September 9, 2020, the applicant filed this application for mandamus before the Court. [ 6 ] In August 2021, the RPD decided that the applicant had lost his refugee status pursuant to paragraphs 108(1) (

a) and (

d) of the IRPA . On February 2, 2022, the Minister denied the applicant’s application for citizenship. Thus, prior to the hearing before this Court on May 2, 2022, the applicant lost his refugee status and his permanent residence, and his citizenship application was denied. [ 7 ] Further to these events, the respondent submits that the application became moot, since the Minister had rendered a decision on the applicant’s citizenship.

The respondent submits that there is no longer any debatable issue, and the mandamus remedy sought would not have any concrete effect since the applicant has already lost his refugee status and his permanent residence, and his application for Canadian citizenship was denied. [ 8 ] Moreover, the respondent submits that the Federal Court of Appeal confirmed that

section 13.1 of the Citizenship Act confers authority on the Minister to suspend a citizenship application while awaiting the RPD’s conclusion on an application for cessation of refugee protection ( Canada (Citizenship and Immigration) v Nilam , 2017 FCA 44 ). [ 9 ] I agree with the respondent’s position. I also note that during the hearing, the applicant conceded that this application is now moot. As a result, this application is dismissed. JUDGMENT in T-1058-20 THIS COURT ORDERS as follows: 1 . The application is dismissed. 2 . No question is certified. 3 . No costs are awarded. “Vanessa Rochester” Judge Certified true translation

Michael Palles FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-1058-20 STYLE OF CAUSE: GERMAN PALOMINO v THE MINISTER OF IMMIGRATION, REFUGEES AND CITIZENSHIP PLACE OF HEARING: BY vidEoconfErence DATE OF HEARING: May 2, 2022 JUDGMENT AND REASONS: ROCHESTER J. DATED: MAY 5, 2022 APPEARANCES : Stewart Istvanffy FOR THE APPLICANT Sonia Bédard FOR THE RESPONDENT SOLICITORS OF RECORD : Stewart Istvanffy Montréal, Quebec FOR THE APPLICANT Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT