T-1195-96
OTTAWA, ONTARIO, THIS 28th DAY OF MAY
1997
BEFORE THE HONOURABLE MR. JUSTICE
ROULEAU
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
Sultan
Olgun,
Appellant.
JUDGMENT
The appeal is
dismissed.
"P. ROULEAU"
JUDGE
Certified true translation
C. Delon, LL.L.
T-1195-96
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
Sultan
Olgun,
Appellant.
REASONS
FOR JUDGMENT
ROULEAU J.
The appellant
has appealed the decision of the citizenship judge dated March 29, 1996,
denying her Canadian citizenship on the ground that she did not prove that she
had an adequate knowledge of either of the official languages of Canada, as
required by paragraph 5(1)(d) of the Act and section 14 of the
Regulations. The Citizenship judge decided not to recommend to the Minister,
pursuant to subsection 15(1) of the Act, that he exercise his discretion under
subsection 5(3) or (4) in order to grant citizenship on compassionate grounds
or because of special hardship.
Since appeals
filed in the Federal Court under subsection 14(5) of the Citizenship Act
are appeals de novo, I may consider all of the evidence before me,
including the testimony of the appellant and of any other witness.
The appellant
was born in Denizli, Turkey, on September 1, 1963. She entered Canada with her
husband for the first time on December 12, 1986, and they were both granted
permanent resident status on March 2, 1991, at Mirabel. Since their arrival in
Canada, Ms. Olgun and her husband have always lived in Montréal.
Ms. Olgun
appeared before me at Montréal on May 13, 1997. From the beginning of the
hearing, it was immediately apparent to me that Ms. Olgun spoke neither French
nor English. Accordingly, no intervention by me is warranted and I cannot do
otherwise than uphold the decision of the Citizenship judge.
The appeal is
dismissed.
"P. ROULEAU"
JUDGE
OTTAWA, Ontario
May 28, 1997
Certified true translation
C. Delon, LL.L.
FEDERAL
COURT OF CANADA
TRIAL
DIVISION
NAMES OF
COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-1195-96
STYLE OF CAUSE: CITIZENSHIP
v. SULTAN OLGUN
PLACE OF HEARING: MONTRÉAL,
QUEBEC
DATE OF HEARING: MAY
13, 1997
REASONS FOR JUDGMENT OF ROULEAU J.
DATED: MAY
28, 1997
APPEARANCES:
SULTAN OLGUN FOR
HERSELF
JEAN CAUMARTIN AMICUS
SOLICITORS OF RECORD:
JEAN CAUMARTIN AMICUS
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