T-1194-96
OTTAWA, ONTARIO, THIS 28th DAY OF MAY
1997
BEFORE THE HONOURABLE MR. JUSTICE
ROULEAU
IN THE
MATTER OF THE Citizenship Act,
R.S.C.
1985, c. C-29,
AND IN THE MATTER
OF an appeal from a decision
of
a Citizenship judge,
AND
IN THE MATTER OF
Sitki
Olgun,
Appellant.
JUDGMENT
The appeal is
dismissed.
"P. ROULEAU"
JUDGE
Certified true translation
C. Delon, LL.L.
T-1194-96
IN THE MATTER OF THE Citizenship
Act,
R.S.C.
1985, c. C-29,
AND IN THE MATTER
OF an appeal from a decision
of
a Citizenship judge,
AND
IN THE MATTER OF
Sitki
Olgun,
Appellant.
REASONS
FOR JUDGMENT
ROULEAU J.
The appellant
has appealed the decision of the citizenship judge dated March 29, 1996,
denying him Canadian citizenship on the ground that he had not proved that he
had an adequate knowledge of either of the two official languages, as required
by paragraph 5(1)(d) of the Act and section 14 of the Regulations. The
Citizenship judge decided not to recommend to the Minister, pursuant to
subsection 15(1) of the Act, that he exercise his discretion under subsection
5(3) or (4) in order to grant citizenship on compassionate grounds or because
of a case of special hardship.
Since appeals
filed in the Federal Court under subsection 14(5) of the Citizenship Act
are appeals de novo, I may consider all of the evidence before me,
including the testimony of the appellant and of any other witness.
The appellant
was born in Denizli, Turkey, on February 20, 1955. He entered Canada with his
wife for the first time on December 12, 1986, and they were both granted
permanent resident status on March 2, 1991, at Mirabel. Since their arrival in
Canada, Mr. Olgun and his wife have always lived in Montréal.
Mr. Olgun
appeared before me at Montréal on May 13, 1997. He seemed to understand French
and was able to answer a few general questions. Unfortunately, when I
questioned him as to his knowledge about Canada it became apparent that his
knowledge of French is not adequate to express himself properly.
Accordingly, the
appeal is dismissed.
"P. ROULEAU"
JUDGE
OTTAWA, Ontario
May 28, 1997
Certified true translation
C. Delon, LL.L.
FEDERAL
COURT OF CANADA
TRIAL
DIVISION
NAMES OF
COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-1194-96
STYLE OF CAUSE: CITIZENSHIP
v. SITKI OLGUN
PLACE OF HEARING: MONTRÉAL,
QUEBEC
DATE OF HEARING: MAY
13, 1997
REASONS FOR JUDGMENT OF ROULEAU J.
DATED MAY 28, 1997
APPEARANCES:
SITKI OLGUN FOR
HIMSELF
JEAN CAUMARTIN AMICUS
SOLICITORS OF RECORD:
JEAN CAUMARTIN AMICUS
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