Date: 19980212
Docket: T-1655-95
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
BEBI AKLIMA SUBRATIE
Appellant.
REASONS FOR JUDGMENT
JOYAL, J.
[1] In this appeal from an unfavourable decision of the Citizenship Judge, the issue was whether the provisions of sub-section 5(3) of the Citizenship Act ("the Act") dealing with mental or physical disability, might be of material benefit to the appellant.
[2] The Citizenship Judge, in her decision of May 5, 1995, had found that the appellant, a resident of Canada since 1991, had failed the knowledge test set out in paragraphs 5(1)(d) and (e) of the Act. There were no attenuating circumstances placed before the Citizenship Judge in this respect.
[3] It was only on July 12, 1995, that a brief psychiatric report on behalf of the appellant was filed before this Court. The report revealed a depressive illness suffered by the appellant, going back to 1992. Both the amicus curiae and the Court were of the view that this evidence might be material to the appeal, but that it was somewhat dated. The hearing was thus adjourned, to permit the filing of more recent evidence.
[4] This updated evidence has now been filed. The consultant psychiatrist's report attests to the appellant's continuing disability and, in my respectful view, gives greater weight and credence to the original 1995 report. Furthermore, the amicus curiae and the Court were able to observe the conduct of the appellant and witness her obvious shortcomings.
[5] In the face of this evidence, the Court is of the opinion that on compassionate grounds, the requirements of paragraphs 5(1)(d) and (e) of the Act should be waived by the Minister in favour of the appellant. The Court so recommends. For the rest, this appeal must be dismissed.
L-Marcel Joyal
J U D G E
O T T A W A, Ontario
February 12, 1998.