CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Citizens |
Hassan v. Canada (Minister of Citizenship and Immigration)
T-1119-00
2002 FCT 755, Kelen J.
9/7/02
8 pp.
Appeal under Citizenship Act, s. 14(5) from Citizenship Judge's decision applicant not qualifying for citizenship-- Appeal from first refusal of citizenship allowed with direction application be reconsidered by another Citizenship Judge, taking into account medical evidence as to applicant's inability to learn new language--On reconsideration Citizenship Judge found applicant lacked necessary knowledge to be granted citizenship--As to exercise of discretion, Citizenship Judge specifically referring to opinion of psychological associate indicating applicant lacking organizational, orientating and analytic skills (foundation skills) which underlie written language, but still denying citizenship--Appeal under s. 14(5) restricted to decision under s. 14(2)--No appeal from exercise of Citizenship Judge's discretion under s. 15(1)--Only remedy by way of judicial review--Court assuming jurisdiction to avoid requiring applicant to bring application for judicial review under Federal Court Act, s. 18.1, seek extension of time (which would be granted in circumstances)--Applying Khat (Re) (1991), 49 F.T.R. 252 (F.C.T.D.), open to Court to refer matter back to Citizenship Judge if not satisfied relevant factors taken into account in exercise of discretion under s. 15(1)--Citizenship Judge failed to consider relevant evidence or misapprehended "medical" evidence--Compared applicant to other applicants who have used "incredible Link [sic] program" and stated applicant has many opportunities in Canada to improve on education--Patently unreasonable finding of fact made without regard to evidence--Perverse in that medical evidence establishing applicant not having foundation skills to be able to use LINC program, i.e. English language education--Citizenship Judge failed to understand applicant has taken advantage of opportunity to improve her education, but mentally unable to take advantage of opportunity because of learning disability--Matter referred to new Citizenship Judge because relevant factors not taken into account, namely mental inability of applicant to benefit from LINC program and to improve education in English language --Citizenship Act, R.S.C., 1985, c. C-29, ss. 14 (as am. by S.C. 1995, c. 15, s. 23), 15--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).