T-2636-95
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
Loc
Van Le
Appellant
REASONS
FOR ORDER
(Delivered orally from the Bench
at Toronto, Ontario on
March 11, 1997, as edited)
McKEOWN J.
This
matter came for hearing before me at Toronto on March 11, 1997.
The
appellant appeals the decision of the Citizenship Judge, dated August 31, 1995,
refusing his application for Canadian citizenship on the basis that he did not
have an adequate knowledge of Canada's political system and the rights,
privileges and responsibilities of Canadian citizenship. The Citizenship Judge
also declined to make a recommendation under subsection 15(1) of the Act
requesting that the Minister exercise his discretion under subsection 5(3) to
grant citizenship on compassionate grounds for reasons of special hardship.
The
appellant was born on November 28, 1972 in Vietnam. He was granted permanent
resident status on September 18, 1985. He appeared before me and answered
questions, which were directed by the amicus curiae to him. It is
evident that the appellant, since appearing before the Citizenship Judge, has
recovered to a substantial degree from his medical problems and was able to
study and learn from the documentation provided to citizenship candidates. He
was able to answer most of the questions and he has a basic fundamental
understanding of the composition of Canada and its history. He was able to
identify most of the provinces. He knew the capitals of Canada and Ontario.
He knew the names of the Prime Minister of Canada and of the Premier of
Ontario. He was aware there were ten provinces and two territories. He knew
that the two official languages were English and French. He was able to
identify some of the rights and privileges of a Canadian citizen, as well as
the duties and responsibilities. I also am aware of his medical condition. A
letter dated March 10, 1997 was provided by Dr. Zevallo.
I
am satisfied, in light of all of the foregoing, that Mr. Le qualifies for
citizenship and that he meets the requirements of paragraph 5(1)(e) of the
Act. Accordingly, the appeal is allowed.
_______________________________
Judge
OTTAWA (ONTARIO)
April 15, 1997