Date: 19981104
Docket: T-402-98
Ottawa, Ontario, the 4th day of November 1998
Present: the Honourable Mr. Justice Pinard
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
Mariam Abdine
Appellant
JUDGMENT
The appeal is dismissed.
JUDGE
Certified true translation
M. Iveson
Date: 19981104
Docket: T-402-98
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
Mariam Abdine
Appellant
REASONS FOR JUDGMENT
PINARD J.:
[1] The appellant is appealing the decision of a Citizenship Judge who rejected her application for citizenship on the ground that she had not met the requirements set out in paragraph 5(1)(d) of the Citizenship Act (the Act) which reads as follows:
| 5. (1) The Minister shall grant citizenship to any person who . . . (d) has an adequate knowledge of one of the official languages of Canada; |
5. (1) Le ministre attribue la citoyenneté à toute personne qui, à la fois : . . . d) a une connaissance suffisante de l'une des langues officielles du Canada; |
[2] This is an appeal de novo. The appellant was represented by her sister at the hearing before me. The latter stated that the appellant had no knowledge of French or English and that although she tried to take a French course, she had to drop out because of her mental disability. It is accordingly clear that the appellant still does not meet the requirements of paragraph 5(1)(d) of the Act concerning knowledge of one of the official languages of Canada.
[3] Moreover, as regards the power of the Minister to waive the requirement of knowledge of French or English on compassionate grounds in the case of any person, the appellant did not file any evidence of her disability either before me or before the Citizenship Judge.
[4] In the circumstances, I accordingly have no alternative but to dismiss the appeal.
YVON PINARD
JUDGE
OTTAWA, ONTARIO
November 4, 1998
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-402-98
STYLE OF CAUSE: CITIZENSHIP ACT
v.
MARIAM ABDINE
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: OCTOBER 19, 1998
REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE PINARD
DATED: NOVEMBER 4, 1998
APPEARANCES:
MARIAM ABDINE
AND
MAYSSOUN ABDINE APPELLANT
JEAN CAUMARTIN AMICUS CURIAE
SOLICITORS OF RECORD:
JEAN CAUMARTIN AMICUS CURIAE