Federal Court Decisions

Decision Information

Decision Content


Date: 19980212


Docket: T-2318-96

     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

     FANTU DERESSA,

     Appellant.

     REASONS FOR ORDER

JOYAL, J.

[1]      These are brief reasons for my Order of November 26, 1997, wherein I allowed the appellant's appeal from an unfavourable decision of a Citizenship Judge, and I granted her Canadian citizenship.

[2]      The grounds for the Citizenship Judge denying the appellant's application for Canadian citizenship was that the appellant had failed to meet the knowledge test set out in paragraph 5(1)(e) of the Citizenship Act, i.e. knowledge of Canada and of the responsibilities and privileges of Canadian citizenship.

[3]      An appeal from such a decision to the Federal Court is in essence a trial de novo. As happens frequently, the failure of an applicant under paragraph 5(1)(e) is a good stimulus to try harder so as to succeed the next time around. Such was the case with the appellant herein. After lengthy and extensive questioning by the amicus curiae, she was indeed able to establish that her current knowledge of matters as covered by the statute was now sufficient to warrant the granting of Canadian citizenship to her.

[4]      This, the Court is pleased to do. The appellant's appeal is therefore allowed and the Court declares that she is hereby entitled to Canadian citizenship.

                                 L-Marcel Joyal

    

                                 J U D G E

O T T A W A, Ontario

February 12, 1998.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.