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:
| 1. What are the rights, privileges and responsibilities of a Canadian citizen? |
| 2. Who can vote in a Federal election? |
| 3. What is the Capital of Canada? |
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
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-708-96
STYLE OF CAUSE: CITIZENSHIP ACT and
MR. XUE JUN AN
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: DECEMBER 15, 1996
REASONS FOR JUDGMENT OF ROULEAU, J.
DATED: JANUARY 23, 1997
APPEARANCES:
MR. GARY L. WISEMAN
FOR APPELLANT
MR. PETER K. LARGE
AMICUS CURIAE
SOLICITORS OF RECORD:
GARY L. WISEMAN
FOR APPELLANT
NORTH YORK, ONTARIO
PETER K. LARGE
AMICUS CURIAE
TORONTO, ONTARIO