Federal Court Decisions

Date: 19971202

Docket: T-1895-96

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

     MOSHEN NAYEB YAZDI,

     Appellant

     REASONS FOR JUDGMENT

ROULEAU, J.

[1]      The appellant appeals the decision of a Citizenship Judge rendered on June 19, 1996. His application for Canadian citizenship was refused on the basis he did not have an adequate knowledge of Canada and the responsibilities and privileges of citizenship as required by paragraph 5(1)(e) of the Citizenship Act. The Citizenship Judge also declined to make a recommendation under subsection 15(1) of the Act requesting that the Minister exercise her discretion under subsection 5(3) or 5(4) to grant citizenship on compassionate grounds or for reasons of special hardship.

[2]      The appellant was born in Sabzevar, Iran, on March 5, 1958. He arrived in Canada on July 7, 1989 and was granted permanent resident status on June 22, 1990.

[3]      The appellant appeared before me at Toronto on November 12, 1997 and he was thoroughly examined by the amicus curiae.

[4]      The first topic discussed was that of responsibilities and duties as a Canadian. He answered that he was to obey the law, that he had an obligation to Canada and that he should respect other people's property and other interests as well as rights. When discussing privileges, he was aware that he would be allowed to vote in federal and provincial elections, that he could even be a candidate and that he would be able to enter and leave Canada at will.

[5]      When questioned about federal politics, he was aware that there are four principal national parties, the Liberal, the N.D.P., the Progressive Conservative and the Reform; he was aware that Ottawa is the Capital of Canada, that the Prime Minister is Mr. Chrétien, that he is a liberal. When discussing provincial politics, he knew that Mr. Harris is the Premier of Ontario and leader of the Progressive Conservative Party; he was aware that the opposition parties were the N.D.P. and the Liberal.

[6]      Geographically he was aware that there are ten Canadian Provinces; of the four Western Provinces he was able to name three, British Columbia, Manitoba and Alberta. He was aware of the four Maritime Provinces being Prince Edward Island, New Brunswick, Nova Scotia and Newfoundland and he indicated that he was aware that Halifax was the most important Sea Port on the East Coast. With respect to current events, he knew that November 11 was Remembrance Day to remember the fallen Canadian soldiers in the World Wars, that July 1 is Canada Day and that we became a nation in 1867.

[7]      Both the amicus curiae and myself were much impressed with the efforts that this appellant had put into his preparation and we were satisfied to allow this appeal and recommend him for Canadian citizenship.

     JUDGE

OTTAWA, Ontario

December 2, 1997