de Dios Acosta Rivera (Re), docket T-2376-95

                                                                   T-2376-95

OTTAWA, ONTARIO, THE 16TH DAY OF JANUARY 1997.

PRESENT:    THE HONOURABLE MR. JUSTICE PINARD

                         IN RE the Citizenship Act,

                           R.S.C. 1985, c. C-29,

                        AND IN RE an appeal from the

                      decision of a citizenship judge,

                                 AND IN RE

                        JUAN DE DIOS ACOSTA RIVERA,

                                                                  Appellant.

                                  JUDGMENT

            The appeal from the citizenship judge’s decision of October 31, 1995 denying the appellant Canadian citizenship is allowed, with the result that the appellant must not be denied Canadian citizenship on the ground that he does not meet the requirements of paragraph 5(1)(e) of the Citizenship Act.

                                                          YVON PINARD              

                                                          JUDGE

Certified true translation

A. Poirier

                                                                   T-2376-95

                         IN RE the Citizenship Act,

                           R.S.C. 1985, c. C-29,

                        AND IN RE an appeal from the

                      decision of a citizenship judge,

                                 AND IN RE

                        JUAN DE DIOS ACOSTA RIVERA,

                                                                  Appellant.

                            REASONS FOR JUDGMENT

PINARD J.

            The appellant is appealing the citizenship judge’s decision under paragraph 5(1)(e) of the Citizenship Act to dismiss his application for citizenship on the ground that he had inadequate knowledge of Canada and of the responsibilities and privileges of citizenship.  This is an appeal de novo.

            Whatever the appellant’s knowledge may have been when he appeared before the citizenship judge, he demonstrated to me that he has since acquired greater knowledge of Canada and of the responsibilities and privileges of citizenship.  Although that improved knowledge is not yet complete, I believe, like the amicus curiae, that it is adequate and that it accordingly meets the requirements of the Act.

            The appeal will therefore be allowed.

OTTAWA, Ontario

January 16, 1997

                                                           YVON PINARD                                                                          JUDGE

Certified true translation

A. Poirier

                          FEDERAL COURT OF CANADA

                               TRIAL DIVISION

                 NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:        T-2376-95

STYLE OF CAUSE:   CITIZENSHIP v. JUAN DE DIOS ACOSTA RIVERA

PLACE OF HEARING:MONTRÉAL, QUEBEC

DATE OF HEARING:JANUARY 8, 1997

REASONS FOR JUDGMENT BY:PINARD J.

DATED:JANUARY 16, 1997

APPEARANCES:

JUAN DE DIOS ACOSTA RIVERA          FOR HIMSELF

JEAN CAUMARTIN                            AMICUS

SOLICITORS OF RECORD:

JEAN CAUMARTIN                            AMICUS

SOLICITOR

MONTRÉAL, QUEBEC