Date: 19980114
Docket: T-2548-96
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
YEN CHAO WU,
Appellant
REASONS FOR JUDGMENT
ROULEAU, J.
[1] This is an appeal from the decision of a Citizenship judge rendered on September 10, 1996 refusing the appellant's application for Canadian citizenship on the basis she did not comply with subsection 5(1)(d) of the Citizenship Act which requires that an applicant have an "adequate knowledge of one of the official languages"; also, that she did not have an adequate knowledge of Canada and the responsibilities and privileges of citizenship as required by paragraph 5(1)(e) of the Act. The Citizenship judge also declined to make a recommendation under subsection 15(1) of the Act requesting that the Minister exercise her discretion under subsection 5(3) or 5(4) to grant citizenship on compassionate grounds or for reasons of special hardship.
[2] The appellant was born in Calcutta, India on November 16, 1940. She arrived in Canada on August 30, 1992 accompanied by her husband and two daughters. She is the mother of six girls and one son; two of her daughters have preceded her to Canada and she, along with her husband, entered under the sponsorship program.
[3] In her Notice of Appeal, the appellant alleges that at the time of the hearing before the Citizenship judge no one was aware of her physical disability which is a severe heart problem (Premature Arterial Tachycardia). This condition renders the appellant dizzy and gives her intense headaches; stress enhances these symptoms. The appellant also stated that she underwent surgery for this condition on October 30, 1996 after the Citizenship hearing.
[4] This matter first came before me on November 18, 1997 and, because of the lack of medical evidence, the matter was adjourned. I resumed this hearing at Toronto on January 5, 1998 and the appellant's representative has produced a more up to date medical certificate and the summary is to the effect that because of her condition she has extremely low concentration and has little ability to learn. Though she has undergone successful medical treatment in this country, none was available to her in India where she had been a resident before coming to Canada. Her present travel document consist of a Chinese passport.
[5] I learned during the course of this hearing that four daughters who are presently in Canada are now citizens as well as her husband. Though she is unable to work outside the home, she renders considerable service to her family by babysitting grandchildren. When asked why she needed Canadian citizenship and a passport, she indicated that her husband is now seventy years of age and not very well; they still have one daughter and one son in India that they have not seen since 1992 and they would like to travel to visit them before they are both physically unable to do so.
[6] The amicus curiae was sympathetic to this appellant's plight.
[7] I hereby allow this appeal and request that the Minister grant citizenship to this appellant pursuant to the provisions of sections 5(3) and 5(4) of the Citizenship Act.
JUDGE
OTTAWA, Ontario
January 14, 1998
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