Liu (Re), docket T-745-98

Date: 19981209

Docket: T-745-98

IN THE MATTER OF THECITIZENSHIP 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

HIN WING LIU,

Appellant.

REASONS FOR JUDGMENT AND JUDGMENT

EVANS J.:

[1]      This is an appeal by Ms. Hin Wing Liu from a decision of Citizenship Judge Hong, dated February 13, 1998, not to approve Ms. Liu's application for Canadian citizenship. In a letter dated February 24, 1998 the Citizenship Judge advised Ms. Liu that the decision was based on her inadequate knowledge of Canada and of the responsibilities and privileges of citizenship. Ms. Liu had passed the written test, but had been unable to answer correctly most of the questions that the Citizenship Judge had put to her at the subsequent interview.

[2]      With the exception of the knowledge of Canada requirement of paragraph 5(1)(e), Ms. Liu satisfied the other statutory criteria of the Citizenship Act [R.S.C. 1985, c. C-29][as amended]. The Citizenship Judge found no grounds for referring the application to the Minister under subsections 5(3) or (4) of the Act.

[3]      I note that there is nothing in the Act or the Citizenship Regulations [SOR/93-246][as amended] requiring applicants to demonstrate to a Citizenship Judge that they satisfy paragraph 5(1)(e) by both passing the written test and answering oral questions satisfactorily.

[4]      On the facts of this case I need not decide whether the Citizenship Judge erred in law in requiring Ms. Liu to pass both the written test and the oral interview. On the basis of the questions put to her at this hearing by Mr. Large, who appeared as amicus curiae, and the answers that she gave, I am satisfied that Ms. Liu possesses an adequate knowledge of Canada and of the responsibilities and privileges of citizenship as required by paragraph 5(1)(e).

[5]      The appeal is therefore allowed and Ms. Liu's application for Canadian citizenship is approved.

"John M. Evans"

Judge

TORONTO, ONTARIO

December 9, 1998

---

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                  T-745-98

STYLE OF CAUSE:              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

HIN WING LIU

    

DATE OF HEARING:          WEDNESDAY, DECEMBER 9, 1998

PLACE OF HEARING:          TORONTO, ONTARIO

REASONS FOR JUDGMENT

AND JUDGMENT BY:          EVANS, J.

DATED:                  WEDNESDAY, DECEMBER 9, 1998

APPEARANCES:              Ms. Hin Wing Liu

                         For the Appellant in Person

                     Mr. Peter K. Large

                         Amicus Curiae

SOLICITORS OF RECORD:      Hin Wing Liu

                     802 - 4101 Sheppard Avenue East

Scarborough, Ontario

                     M1S 3H3

                         For the Appellant in Person

                     Peter K. Large

                     610-372 Bay Street

                     Toronto, Ontario

                     M5H 2W9

                         Amicus Curiae

                     FEDERAL COURT OF CANADA

     Date: 19981209

                         Docket: T-745-98

                    

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

                     HIN WING LIU

     Appellant

                

                 REASONS FOR JUDGMENT AND JUDGMENT