An (Re), docket T-708-96

     T-708-96

     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

     Mr. Xue Jun An

     Appellant

     REASONS FOR JUDGMENT

     This is an appeal from the decision of a Citizenship judge who denied this appellant Canadian citizenship on January 30, 1996. It was determined that Mr. An did not possess an adequate knowledge of Canada nor of the responsibilities and privileges of citizenship pursuant to paragraph 5(1)(e) of the Act.

     The Citizenship judge indicated that the appellant was unable to answer the following questions:

     The Citizenship judge detected no grounds under which to recommend an exercise of Ministerial discretion.

     Since appeals to the Federal Court under subsection 14(5) of the Citizenship Act are trials de novo, I am permitted to consider all of the evidence before me including the appellant's testimony and that of any other witness.

     The appellant, an immigrant from Hong Kong, appeared before me at Toronto on January 15, 1997. He submits that when he appeared before the Citizenship judge he was not well and could not hear properly. The amicus curiae and myself questioned Mr. An. He knew that Canada includes 10 provinces and 2 territories; he was able to name the Prime Minister of Canada and the capital city; he named the Prime Minister of Ontario and its provincial capital; he knew that the Liberal Party is presently governing the country and was able to name the opposition parties; he correctly named the capital of British Columbia; he knew that Quebec is the largest province and named all of the Atlantic provinces. He also correctly answered questions with respect to responsibilities and privileges of citizenship.

     At the end of the hearing, I was satisfied that this gentleman possesses an adequate knowledge of Canada and the responsibilities and privileges of citizenship and granted the appeal from the Bench.

JUDGE

OTTAWA, Ontario

January 23, 1997