Apply for judicial review - is it worth it?

[lavaland]

I recently got denied citizenship... four years after applying. Basically I applied with very few days to spare, after an RQ it was determined that I didn't declare 13 trips across the border between Seattle and Vancouver... I travel quite a bit and didn't keep track of all my land crossings so it was determined I was 11 days short of the residency requirements. Meh. I am now in Seattle with my Canadian partner (so I maintain my PR status).

Is it worth it to apply for judicial review which could take 2 more years or should I just wait until we return to Canada and wait the (now) 4 years to apply again? By the sound of some of the comments from the judge they are using 'new' rules on my file even though I applied in 2010 which doesn't really seem fair to me... but what can I do....

 

[echorael]

I recently got denied citizenship... four years after applying. Basically I applied with very few days to spare, after an RQ it was determined that I didn't declare 13 trips across the border between Seattle and Vancouver... I travel quite a bit and didn't keep track of all my land crossings so it was determined I was 11 days short of the residency requirements. Meh. I am now in Seattle with my Canadian partner (so I maintain my PR status).

Is it worth it to apply for judicial review which could take 2 more years or should I just wait until we return to Canada and wait the (now) 4 years to apply again? By the sound of some of the comments from the judge they are using 'new' rules on my file even though I applied in 2010 which doesn't really seem fair to me... but what can I do....

lavaland- Sorry to hear this news. Can you please shed more info about how on earth they knew that you didn't declare 13 trips across the boarder????
Also, did you count days accompanying Canadian citizen toward the 1095 days required for citizenship? Did you count days of working for a Canadian company outside Canada toward the 1095 days required for Canadian citizenship?? My understanding is that these days count toward fulfilling PR residency requirements and not citizenship requirements.
11 days short of the 1095 days are so few as a basis to deny your application. Please let us know.
Thank you

 

[zardoz]

lavaland- Sorry to hear this news. Can you please shed more info about how on earth they knew that you didn't declare 13 trips across the boarder????
Also, did you count days accompanying Canadian citizen toward the 1095 days required for citizenship? Did you count days of working for a Canadian company outside Canada toward the 1095 days required for Canadian citizenship?? My understanding is that these days count toward fulfilling PR residency requirements and not citizenship requirements.
11 days short of the 1095 days are so few as a basis to deny your application. Please let us know.
Thank you

Your understanding is correct. They don't count.

 

[janoo]

Yes, if you work for any Govt. agency than the days outside canada is countable for

citizenship and for PR if you live with your Canadian spouse or work for any Canadian

company than absence days are countable for residency requirement..

if your total number of days short are 11 days after deducting all your absense

including living abroad with your spouse and working for Canadian company than

you may contact lawyer alternative wait once you complete required number of days

than you will be able to qualify..

 

[scylla]

IMHO a judicial review would only be worthwhile if you had sufficient days to meet the residency obligation. If you're under 1095 days then I think the judicial review will be a waste of time and just reconfirm the refusal.

 

[lavaland]

I landed in 2000... I guess the 4 years prior to my applying for citizenship it wasn't really on my radar to record every land border crossing.... hindsight.... I suppose they had records of me crossing in their database, I'm not really sure, their explanation is confusing. It's interesting what they can 'come up with' and what they will give you.

The majority of my absences were work related while working for a Canadian company or accompanying a Canadian citizen, but as the judge said, boots on the ground....

lavaland- Sorry to hear this news. Can you please shed more info about how on earth they knew that you didn't declare 13 trips across the boarder????
Also, did you count days accompanying Canadian citizen toward the 1095 days required for citizenship? Did you count days of working for a Canadian company outside Canada toward the 1095 days required for Canadian citizenship?? My understanding is that these days count toward fulfilling PR residency requirements and not citizenship requirements.
11 days short of the 1095 days are so few as a basis to deny your application. Please let us know.
Thank you

 

[Msafiri]

I recently got denied citizenship... four years after applying. Basically I applied with very few days to spare, after an RQ it was determined that I didn't declare 13 trips across the border between Seattle and Vancouver... I travel quite a bit and didn't keep track of all my land crossings so it was determined I was 11 days short of the residency requirements. Meh. I am now in Seattle with my Canadian partner (so I maintain my PR status).

Is it worth it to apply for judicial review which could take 2 more years or should I just wait until we return to Canada and wait the (now) 4 years to apply again? By the sound of some of the comments from the judge they are using 'new' rules on my file even though I applied in 2010 which doesn't really seem fair to me... but what can I do....

1. My reading is that you had a hearing before the CJ who denied the application.

2. The FC can if you apply decide to list an appeal for hearing but this has to be on a legal basis not because you don't like the CJ outcome.

3. Consistent FC rulings state that the CJ can chose either the strict physical presence days residence test = 1095 days Actual Physical Presence (APP) or the other 2 non physical residence tests where you don't have 1095 APP days the main one being the Koo aka centralized mode of living test.

4. If the CJ articulated in his/her refusal in an acceptable and clear format consistent with FC case law stating he/she was using the 1095 APP test and you failed it then going for JR is a waste of time and money since the FC will bounce your application.

5. Your only hope is that they incorrectly stated your dates were missing and you were actually in Canada....it seems you agree you don't have 1095 APP days.