| Date: 19981209 |
| Docket: T-745-98 |
| 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 |
| HIN WING LIU, |
| Appellant. |
| REASONS FOR JUDGMENT AND JUDGMENT |
EVANS J.:
[1] This is an appeal by Ms. Hin Wing Liu from a decision of Citizenship Judge Hong, dated February 13, 1998, not to approve Ms. Liu's application for Canadian citizenship. In a letter dated February 24, 1998 the Citizenship Judge advised Ms. Liu that the decision was based on her inadequate knowledge of Canada and of the responsibilities and privileges of citizenship. Ms. Liu had passed the written test, but had been unable to answer correctly most of the questions that the Citizenship Judge had put to her at the subsequent interview.
[2] With the exception of the knowledge of Canada requirement of paragraph 5(1)(e), Ms. Liu satisfied the other statutory criteria of the Citizenship Act [R.S.C. 1985, c. C-29][as amended]. The Citizenship Judge found no grounds for referring the application to the Minister under subsections 5(3) or (4) of the Act.
[3] I note that there is nothing in the Act or the Citizenship Regulations [SOR/93-246][as amended] requiring applicants to demonstrate to a Citizenship Judge that they satisfy paragraph 5(1)(e) by both passing the written test and answering oral questions satisfactorily.
[4] On the facts of this case I need not decide whether the Citizenship Judge erred in law in requiring Ms. Liu to pass both the written test and the oral interview. On the basis of the questions put to her at this hearing by Mr. Large, who appeared as amicus curiae, and the answers that she gave, I am satisfied that Ms. Liu possesses an adequate knowledge of Canada and of the responsibilities and privileges of citizenship as required by paragraph 5(1)(e).
[5] The appeal is therefore allowed and Ms. Liu's application for Canadian citizenship is approved.
"John M. Evans"
Judge
TORONTO, ONTARIO
December 9, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-745-98
| 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 |
| HIN WING LIU |
DATE OF HEARING: WEDNESDAY, DECEMBER 9, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
AND JUDGMENT BY: EVANS, J.
DATED: WEDNESDAY, DECEMBER 9, 1998
APPEARANCES: Ms. Hin Wing Liu
For the Appellant in Person
Mr. Peter K. Large
Amicus Curiae
SOLICITORS OF RECORD: Hin Wing Liu
802 - 4101 Sheppard Avenue East
| Scarborough, Ontario |
M1S 3H3
For the Appellant in Person
Peter K. Large
610-372 Bay Street
Toronto, Ontario
M5H 2W9
Amicus Curiae
FEDERAL COURT OF CANADA
Date: 19981209
Docket: T-745-98
| 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 |
HIN WING LIU
Appellant
REASONS FOR JUDGMENT AND JUDGMENT