Tseng (Re), docket T-622-97

     T-622-97

     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

     Yue-Kui Tseng,

     Appellant

     REASONS FOR JUDGMENT

     The appellant appeals the decision of a Citizenship Judge rendered on April 22, 1996, refusing her application for Canadian citizenship on the basis that 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". The Citizenship Judge also made a recommendation under subsection 15(1) of the Act requesting that the Minister exercise her discretion under subsection 5(3) of the Act to grant citizenship on compassionate grounds. However, the Minister refused to do so.

     The appellant was born in Taipei, Taiwan on March 2, 1942. She received her landed immigrant status on July 24, 1989. She did not complete elementary school and her ability to read and write in her native Chinese, is very limited. Ms. Tseng owns her own home in Vancouver and has a husband and four children that are Canadian citizens. Contrary to what the Citizenship judge alluded to, this appellant was only in business in Canada upon her arrival for apparently one year and this was primarily assisting her husband.

     In December 1993, the appellant previously applied for Canadian Citizenship. The letter of refusal, dated November 4, 1994, indicated that Ms. Tseng had not complied with paragraph 5(1)(d) of the Act. Since 1993, the applicant claims that she attempted to learn English and has also been tutored privately in her home. However, because of chronic anxiety with panic disorder, a condition that the applicant has suffered for years, it has caused her learning disability with her ESL classes. Furthermore, as attested by her physician, Dr. Yeung, this condition has become aggravated because of the stress associated with the appellant's ability to adjust to her new environment. Finally, the appellant has also submitted evidence that she suffers from ulcers.

     On April 22, 1996, the Citizenship Judge found that the appellant did not have an "adequate knowledge of one of the official languages". The appellant was unable to understand questions such as :

     - Do you work?

     - Do you have a job?

     - What is this (a table)?

     - Point to the door

     - Name some foods in English

     The Citizenship Judge also considered subsection 5(3) of the Act in the case of the applicant. Because of the medical opinions on file, the case was referred to the Minister for her consideration. The decision, a refusal, was forwarded in a letter dated February 26, 1997.

     On February 7, 1997, the Registrar of Citizenship, on behalf of the Minister, had requested further documentation, in particular a completed Request for Medical Opinion to assist in arriving at an informed decision on the case. The record shows that the Request of Medical Opinion had been completed by Dr. Yeung on August 14, 1996, describing the applicant's medical condition. However, in light of the decision from the Minister's officer some doubt arises if the Medical Opinion was before the Minister. The letter of September 8, 1996, requesting that the appellant complete a proper medical opinion form in order to be considered pursuant subsection 5(3) of the Act causes some ambiguity.

     From the sequence of events, it seems that the Request of the Medical Opinion may not have been before the Citizenship Judge nor the Minister for consideration. The medical report clearly indicates that the applicant's medical condition is an impediment to meeting the requirements of paragraph 5(1)(d) of the Act.

     In agreement with the amicus curiae I am satisfied that this is a case where I should recommend to the Minister that the requirements of paragraph 5(1)(d) be waived.

JUDGE

OTTAWA, Ontario

October 22, 1997