The Minister applied for judicial review of a citizenship judge's decision to grant the respondent's citizenship application.
The matter had previously been returned for redetermination after an earlier refusal was set aside due to a double-counting error.
On redetermination, the second citizenship judge concluded she was bound by the prior Federal Court decision's mathematical findings on physical presence and explicitly declined to consider new evidence and submissions.
The Federal Court allowed the judicial review, holding that the citizenship judge unreasonably fettered her discretion and failed to account for new evidence on redetermination.
