Date: 19980128
Docket: T-848-97
BETWEEN:
| 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 BELA HAJOS |
Appellant.
REASONS FOR JUDGMENT
(Issued from the Bench on January 20, 1998,
in Toronto, Ontario, edited)
WETSTON J.
[1] The Citizenship Judge was dissatisfied with the appellant's knowledge of Canada and responsibilities should he be granted Canadian citizenship. I think it is quite clear to me, today, that he does not yet have a sufficient understanding of his responsibilities as a Canadian citizen, nor does he have a sufficient knowledge of Canada.
[2] The appellant appears to have brought before this Court some evidence of an injury which was incurred at the time of his application or during the time of his application for citizenship.
[3] The appellant indicated that he did not bring this evidence to the attention of the Citizenship Judge, and I do not have a satisfactory explanation as to why he did not do that, but nevertheless, he did not.
[4] The evidence suggests that he has a problem with his memory. It would seem to me that his memory is selective. He has a problem with some things; he does not have a problem with other things.
[5] However, I am unable, on the basis of the evidence before me to conclude anything about the applicant's medical condition except to say that there is some evidence to suggest that he has some memory problems.
[6] In this regard, I do not see any error in the decision under appeal because that evidence wasn't before the Citizenship Judge. On the other hand this is trial de novo and, I have some evidence of a mental condition which might impair his ability to remember things.
[7] Mr. Large suggests that, on the basis of the evidence, that I might refer it back to the Citizenship Judge to re-hear the case on the basis of this medical evidence. In this regard, I would consider this to be the appropriate thing to do.
[8] I indicated previously that there is some jurisprudence in this Court to suggest that may be done and, accordingly, I will allow the appeal in so far as the matter should be returned to a Citizenship Judge for reconsideration in relation to the evidence associated with some form of memory impairment.
[9] I am allowing the appeal only in the sense of returning it to a Citizenship Judge to consider the medical evidence, and to decide whether or not that judge is prepared to make a recommendation to the Minister on humanitarian and compassionate grounds.
"Howard I. Wetston"
Judge
Toronto, Ontario
January 28, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: T-848-97
| 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 |
| BELA HAJOS |
DATE OF HEARING: JANUARY 20, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: WETSTON, J.
DATED: JANUARY 28, 1998
APPEARANCES: Ms. Bela Hajos
For the Appellant
Mr. Peter K. Large
Amicus Curiae
SOLICITORS OF RECORD:
Ms. Bela Hajos
460 Winona Drive, Apt. 510
Toronto, Ontario
M6C 3V1
For the Appellant
Peter K. Large
Barrister and Solicitor
610-372 Bay Street
Toronto, Ontario
M5H 2W9
Amicus Curiae
FEDERAL COURT OF CANADA
Date: 19980128
Docket: T-848-97
BETWEEN:
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 |
| BELA HAJOS |
Appellant
REASONS FOR JUDGMENT