THE MINISTER OF CITIZENSHIP v. IMMIGRATION, 2016 FC 428

Date: 20160418 Docket: T-1723-15 Citation: 2016 FC 428 Vancouver, British Columbia, April 18, 2016 PRESENT: The Honourable Madam Justice Kane BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Applicant and WILLARD AARON S DY CHUA Respondent JUDGMENT UPON AN APPLICATION by the Minister of Citizenship and Immigration for judicial review under

section 22.1 of the Citizenship Act , RSC 1985, C-29 , as amended [Act], of the decision of a Citizenship Judge, dated September 14, 2015, that approved the Citizenship Application of the respondent, Willard Aaron S Dy Chua’s, pursuant to subsection 5(1) of the Act ; AND UPON considering the applicant’s motion, dated April 12, 2016, for an Order granting the application for judicial review without referral to a decision maker for re- determination, to which the respondent consents; AND UPON considering the applicant’s submissions that the respondent will not be prejudiced by this outcome and may make a new application for Citizenship based on the relevant criteria including his days of residence in Canada; AND UPON considering the Consent Order provided to the Court signed by Counsel for the applicant and by the respondent; THIS COURT ORDERS that: 1 .

The application for judicial review is allowed. 2 . The decision of the Citizenship Judge, Gerald Pash, dated September 14 2015 is quashed. 3 . The respondent’s application for citizenship shall not be referred to another decision maker for redetermination. 4 . No costs are awarded. "Catherine M. Kane" Judge