Akilah (Re), docket T-849-97

Date: 19980121

Docket: T-849-97

PRESENT:

         IN THE MATTER OF THECITIZENSHIP 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

         N-ZINGA AKILAH,

     Appellant.

     REASONS FOR JUDGMENT

RICHARD J.:

[1]      This is an appeal from the decision of the Citizenship Judge dated April 18, 1997. The judge found that the appellant did not meet the requirements of residence as set out in the Citizenship Act by reason of the operation of section 21(a) of the Act. The decision is set out as to whether the appellant met the other requirements of s. 5 of the Act.

[2]      Based on her submissions to the Court, the appellant clearly satisfies the language requirements of that section.

[3]      In her notice of appeal the appellant claims that she was adversely misled as to the nature of her citizenship appointment/interview. She states that six months before the interview she was told to prepare herself for a citizenship interview by learning and familiarizing herself with the standard questions, only to be told at the interview that she did not qualify. The appellant feels that the correspondence was misleading and unjust.

[4]      The appellant does not challenge the correctness of the decision denying her application on the basis of residence. She is prepared to make a fresh application.

[5]      In these circumstances, the appeal is dismissed and the appellant is free to apply for a grant of citizenship at any time she feels that she meets the requirements of the Act.

                         "John D. Richard"

                             Judge

Toronto, Ontario

January 21, 1998

     FEDERAL COURT OF CANADA

Date: 19980121

Docket: T-849-97

IN THE MATTER OF THECITIZENSHIP 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

N-ZINGA AKILAH,

     Appellant.

    

     REASONS FOR JUDGMENT

    

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

DOCKET:                  T-849-97

STYLE OF CAUSE:              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

N-ZINGA AKILAH

DATE OF HEARING:          JANUARY 21, 1998

PLACE OF HEARING:          TORONTO, ONTARIO

REASONS FOR JUDGMENT

BY:                      RICHARD, J.

DATED:                  JANUARY 21, 1998

APPEARANCES:              Ms. N-Zinga Akilah

                         For the Appellant

                     Mr. Peter K. Large

                         Amicus Curiae

SOLICITORS OF RECORD:      Ms. N-Zinga Akilah

1907 - 250 Davenport Road

                     Toronto, Ontario

                     M5R 1J8

                                

                         For the Appellant

                      Peter K. Large

                     Barrister and Solicitor

                     610-372 Bay Street

                     Toronto, Ontario

                     M5H 2W9

                         Amicus Curiae