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I, Timothy Vavilov (Foley), of the City of Shanghai in the Country of China, MAKE OATH
AND SWEAR AS FOLLOWS:
1. I am the Applicant herein; as such I have personal knowledge of the matters hereinafier set out.
Where I rely on infonnation provided by others, I state the source of the information and believe
it to be true.
2. 1. was born in Toronto, Ontario, Canada on June 27, I990 In 2011, while living and studying in
London. England, I applied to renew my Canadian passport. I was informed by an officer at the
Canadian Consulate in London that I needed to receive a Citizenship Certificate before applying
for a new passport. I applied for a Canadian Citizenship Certificate by application dated
February 7, 2013. By letter dated August 7, 2013, I was informed by Canada Immigration that
they had reasonable grounds to believe that I was not entitled to a Citizenship Certificate as they
believed my parents had been working in Canada as employees of a foreign government at the
time of my birth and. 1, therefore, may not be a Canadian citizen. I was invited to respond to
their concerns. The following information was included in my submissions to Citizenship and
Immigration and was, therefore, before the official making a decision on my file:
a. I was born on June 27, 1990 in Toronto, Ontario. I was born as Timothy Andrew Foley and
I was born to Donald Heathfleld and Tracey Lee Ann Foley. I have one brother, Alexander
Vavilov, born Alexander Foley.
b
For the first fri e ears of my life, we Iri ed in Toionto On August 10, 1995 oui farnih
mcri ed to Fraice because of my fathers studies at lEcole hationa1e des Ponts et Chaussees
in Paris I was five yeais old and I attended elementary school ihere foi foui ears
On August 20, 1999, oui family moved to the Unitea States We nlo\ed beLause of my
fathcis cno11ment in the Han aid John F Kenned) School of Gocinment s Macteis in
10
11
th
July 9
Before all the events surroundi
ng the arrest, we had a family
summer trip organized
in which we would tiavel to Tin
-key and Russia through Par
is. \Ve saw nothing strange
about the destinations since we
have traVeled extensively to
various countries in the pas
have visited ever 40 countries
t (1
). A few months earlier, I
had
applied for and received
Russian visa in my Canadian
a
passport to travel to Russia.
At the end of one. of my par
hearings, my mother quickly
ents
told us that my brother and
I sIould continue on the planne
trip alone. At the time this see
d
med like a good idea because
it would allow us to get aw
from the constant bother of me
ay
dia reporters stationed outsid
e our home and to try to rel
after terrible stress. After cha
ax
nging my brothers flight tick
et
(he
wa
s
sup
pos
early with my father the day of
ed to leave
the arrest) we left for Paris
where we spent a couple
before flying to Moscow.
of days
12
I have held four Canadian passports. My first
passport was issued iii or around May 1991
and expired 5 years later in or atound May 1996
. My second passport was issued on May
10,
1996 and expired five years later in 2001. My third
passport was issued on May 4, 2001 and
expired on May 4, 2006. My last passport was
issued on ay 5, 2006 and expired on May
5,
2011. Although willing, I was urable to renew
rn passport after this date due to Passport
Canadas reluctance.
o. I applied for a renewed Canadian passport whil
e studying in London in 2011. The offic
er in
the Canadian Consulate told me that they have
a note in the file that I need to receive a
Citizenship Certificate before applying for
a new passport. At the request of the Cana
dian
Consulate in London, I returned my last expi
red passport while studying in the UK.
p. I applied for a Canadian Citizenship Certificate
by application dated February 7,20
13.
s.
13
On March 19, 2014, 1 went to the Can
adian. Consulate in Shanghai, China
in order to swear
an affidavit in support of my respons
e to CICs belief that I may not
be entitled to a
citizenship certificate. Helen Jiang,
at the Canadian Consulate in Sha
nghai rethsed to
notarize my affidavit on the grounds
that I am not considered a Canadia
n citizen according
to the records in the system and that
the government did not specifically
request a notarized
aflidavi.t from me.
u. 1 am first and foremost Canadia
n. I have lived for 20 years believin
g that I was Canadian
and I still believe I am Canadian, not
hing can change that. I do not have
any attachment to
Russia, I do not speak the language,
I do not know many friends there, I
have not lived there
for any extended periods of time and
I do not want to live there. It has bee
n a huge shock to
me the way the Canadian governmen
t has tried to block me from obtaini
ng my rightful
citizenship. If I were to lose my Can
adian citizenship, I would feel lost
bec
aus
e it was the
only country 1 could associate with and
the only country I should be a citizen
of.
Losing the
citizenship would most surely guaran
tee that if I applied for a Canadian
visa
,
I
would be
rejected and therefore be exiled from
my home country a fate that
Socrates himself
considered worse than death.
_________________________
14
extension of time to reply to the fairness letters until we had receive
d disclosure of our flIes
under the Access to Information Act.
5. Our. files were disclosed to our counsel on January 22, 2014 and
we provided submissions to the
Registrar of Citizenship on April 18, 2014. A decision was made
on Alexs file on August 15,
2014 recalling and cancelling his citizenship certificate.
6. After we received the decision on Alexs file, we made a new
request for a copy of our file
under the Access to Ii!fonnation Act. This request was dated Augus
t 28, 2014 and we requested
our complete file that post-dated what had been disclosed to us
in our earlier ATIP requests. The
final part of our file was disclosed to us by CD mailed on Novem
ber 6, 2014. However, the
documents related almost eatire-ly to my brother, Alex, and not
to me.
7. My counsel communicated his concern with the ATIP office and
was informed that, as our
request for a copy of our files was made a couple of months before
a decision was made on my
application, the ATIP file did not contain documents related
to the decision-maker on my file.
On December 5, 2014, my counsel made another request for
a copy of my file under the Access
to Information Act. My counsel received a copy of my file on
January 6, 2015. However, I
believe that the file disclosed is incomplete as the physical file
consists solely of a copy of the
decision on my application and proof that the decision was deliver
ed to my counsel by Canada
Post and the electronic file does not contain any notes from the
decision-maker who decided that
I am not a Canadian citizen.
8. The decision and reasons from the decision-maker, issued
to this Court under Rule 9 of the
Federal Court Rujeg. does not contain any reasons but consists solely
of a copy of the decision
letter.
9. All of the above-noted communication and documents are
being provided to this Court in an
affidavit from my counsels office, the Affidavi.t of Hannah
Lynch. I have reviewed that
affidavit and believe it to be true and correct.
10. 1 make this affidavit in support of the within application and
for no other or improper purpose.
SWORN BEFORE ME
In the City of
Intie ountryo
On this dav of Febniary, 2015.
Timothy (Ti.mofey) Vavilov
A Commissioner; etc.