Date: 19980420
Docket: T-2493-96
BETWEEN:
IN THE MATTER OF THE CITIZENSHIP ACT,
R.S.C., 1985, c. C-29
AND IN THE MATTER OF an appeal from the
decision of a Citizenship Judge
AND IN THE MATTER OF
Yuk Lui Lai,
Appellant.
REASONS FOR JUDGMENT
(Delivered orally from the Bench
on March 17, 1998, as edited)
MCKEOWN J.
[1] This matter came before me at Toronto on March 17, 1998. The appellant appeals the decision of a Citizenship Court Judge, dated October 10, 1996, refusing her application for Canadian citizenship on the basis that she did not have an adequate knowledge of English or French in order to qualify for citizenship, pursuant to subsection 5(1)(d) of the Citizenship Act.
[2] The Citizenship Judge also declined to make a recommendation under subsection 15(1) of the Act, requesting that the Minister exercise her discretion under subsections 5(3) or 5(4) to grant citizenship on compassionate grounds or for reasons of special hardship.
[3] The appellant was born in China on August 20, 1940. She arrived in Canada on July 20, 1992, and was granted landed immigrant status. She is married and her husband holds Canadian citizenship, as do four of her five children.
[4] She appeared before me and answered some of the questions directed by the Amicus Curiae to her. The appellant has attended an English as a second language class for five years and she has obviously made some progress. However, I am bound by section 14 of the Citizenship Regulations which proscribes the criteria for determining whether or not the appellant has an adequate knowledge of one of the official languages of Canada. She is assisted by her family but, outside the Chinese community, she does not have the comprehension that is set out under section 14 of the Citizenship Regulations.
[5] I must, with regret, find that she does not meet the requirements of subsection 5(1)(d) of the Citizenship Act. I would encourage the appellant to try again and would also suggest that, at that time, if she has problems, she try to have the Citizenship Judge request the Minister to exercise her discretion on compassionate grounds.
[6] The appeal is dismissed.
W.P. McKeown
J U D G E
O T T A W A, Ontario
April 20, 1998.
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