Abubeker (Re), docket T-164-97

Date: 19980128

Docket: T-164-97

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 SAADA ABDUKHMAN ABUBEKER

     Appellant.

    

     REASONS FOR JUDGMENT

(Delivered from the Bench on January 20, 1998,

in Toronto, Ontario, edited)

WETSTON J.

[1]      When you were asked certain questions, you were obviously unable to answer them. There may be several reasons for that. One is that you suggest that you are nervous. I am sure you are, but it is difficult to determine whether it is nervousness or simply a lack of knowledge; that is the difficulty.

[2]      When you appeared before the Citizenship Judge, it was apparent that that judge was not satisfied with your language ability or your knowledge and responsibilities.

[3]      I am satisfied that your language has improved. You understand the questions and you speak well, but you are still...you have not yet met the requirements of knowledge and responsibilities of Canada. It is obvious to me that you have made a lot of progress. I believe that once you have completed your English studies, and you spend more time in Canada, you will be able to apply again for citizenship, but at this time you do not meet the requirements of the Act. I cannot allow your appeal.

[4]      With respect to your nervousness, once your knowledge increases, your nervousness should decrease. Do you understand my decision? I thank you both for coming today.

                                     "Howard I. Wetston"

    

                                         Judge

Toronto, Ontario

January 28, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

DOCKET:                      T-164-97

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

SAADA ABDUKHMAN ABUBEKER

DATE OF HEARING:              JANUARY 20, 1998

PLACE OF HEARING:              TORONTO, ONTARIO

REASONS FOR JUDGMENT BY:          WETSTON, J.

DATED:                      JANUARY 28, 1998

APPEARANCES:                  Mr. Saada Abdukhman Abubeker

                            

                             For the Appellant

                         Mr. Peter K. Large

                             Amicus Curiae

SOLICITORS OF RECORD:     

                         Mr. Saada Abdukhman Abubeker

                         Apt. 409

                         3485 St. Clair Avenue East

                         Scarborough, Ontario

                         M1K 1L3

                             For the Appellant

                         Peter K. Large

                         Barrister and Solicitor

                         610-372 Bay Street

                         Toronto, Ontario

                         M5H 2W9

                             Amicus Curiae

                          FEDERAL COURT OF CANADA

Date: 19980128

Docket: T-164-97

                         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

SAADA ABDUKHMAN ABUBEKER

     Appellant

                        

            

                         REASONS FOR JUDGMENT