CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Citizens |
Huynh v. Canada (Minister of Citizenship and Immigration)
T-1830-02
2003 FC 1431, Harrington J.
9/12/03
4 pp.
Appeal from refusal of citizenship--Applicant not establishing one of requirements for granting citizenship: "adequate knowledge of Canada and of responsibilities and privileges of citizenship"--On appeal disclosed medical conditions, mild mental retardation making it impossible for applicant to become proficient in English, retain knowledge-- Application for Canadian citizenship form requires applicant to state "yes" or "no" as to whether has special needs and if so, to explain--Applicant not represented by counsel at that time, indicating no special needs--Consequently, citizenship judge can hardly be criticized for not considering whether to make recommendation to Minister to grant citizenship on compassionate grounds on material not before him--As stated by Gibson J. in Maharatnam v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 405 (T.D.) (QL), might be useful to include brief notice regarding existence of discretion in notice to appear--Although applicant not fully aware of her legal rights, in law deemed to have as much knowledge as Minister (Anticosti Shipping Co. v. St. Amand, [1959] S.C.R. 372)--Appeal dismissed.