Cho (Re), docket T-1145-97

Date: 19980127

Docket: T-1145-97

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 NAM HONG CHO

     Appellant.

    

     REASONS FOR JUDGMENT

(Issued from the Bench on January 20, 1998,

in Toronto, Ontario, edited)

WETSTON J.

[1]      Mr. Cho, I understand your situation, but it would appear to me that the Citizenship Judge made no error, under the circumstances. The law provides a prohibition from including the period in which you were on probation, not because you filled in the box incorrectly, but because the period cannot be included.

[2]      Now, you have not been on probation since 1993. You even indicated you don't drink any more. It is 1998. You have been in Canada for the last five years. You know that nothing stops you from making another application for citizenship. In this case, no error was made and I see no basis to allow the appeal.

                                     "Howard I. Wetston"

    

                                         Judge

Toronto, Ontario

January 27, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

DOCKET:                      T-1145-97

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

NAM HONG CHO

DATE OF HEARING:              JANUARY 20, 1998

PLACE OF HEARING:              TORONTO, ONTARIO

REASONS FOR JUDGMENT BY:          WETSTON, J.

DATED:                      JANUARY 27, 1998

APPEARANCES:                  Mr. Nam Hong Cho

                            

                             For the Appellant

                         Mr. Peter K. Large

                             Amicus Curiae

SOLICITORS OF RECORD:     

                         Mr. Nam Hong Cho

                         35 Henry Street

                         Georgetown, Ontario

                         L7G 2K5

                             For the Appellant

                         Peter K. Large

                         Barrister and Solicitor

                         610-372 Bay Street

                         Toronto, Ontario

                         M5H 2W9

                             Amicus Curiae

                          FEDERAL COURT OF CANADA

Date: 19980127

Docket: T-1145-97

                         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

NAM HONG CHO

     Appellant

                        

            

                         REASONS FOR JUDGMENT