THE MINISTER OF CITIZENSHIP v. IMMIGRATION, 2013 FC 639

Date: 20130611 Docket: T-283-12 Citation: 2013 FC 639 Ottawa , Ontario , June 11, 2013 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Applicant and JING LIU Respondent REASONS FOR FURTHER ORDER AND ORDER [ 1 ] The Court had ordered that the appeal be granted and the matter remitted to the same Citizenship Judge, if available.

It was hoped that such a remedy, directed at the deficiencies in the original decision, could yield an expeditious re-determination. [ 2 ] That specific remedy has become impossible because the original Citizenship Judge’s mandate has expired and there is no continuing authority to deal with matters which arose during the judge’s mandate. Thus, the Citizenship Judge is not available. [ 3 ] Therefore, this matter must be referred back to a different citizenship judge for re-determination.

The Court makes no comment on which judge should be responsible for the re-determination; a transfer to another judge is apparently in place. [ 4 ] Therefore, the Order of this Court shall now read: THIS COURT ORDERS that the appeal is granted. The matter is referred back for re-determination by another judge. ORDER

THIS COURT ORDERS that the appeal is granted. The matter is referred back for re-determination by another judge. “Michael L. Phelan” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-283-12 STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION and JING LIU PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: November 20, 2012 REASONS FOR FURTHER ORDER AND ORDER: PHELAN J. DATED: June 11, 2013 APPEARANCES: Ms. Ada Mok FOR THE APPLICANT Ms. Shelley Levine FOR THE RESPONDENT

SOLICITORS OF RECORD : MR. WILLIAM F. PENTNEY Deputy Attorney General of Canada Toronto , Ontario FOR THE APPLICANT LEVINE ASSOCIATES Barristers & Solicitors Toronto , Ontario FOR THE RESPONDENT