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Date: 19991021


Docket: T-2465-97



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


BILAL KAMEL

     Appellant


     REASONS FOR JUDGMENT AND JUDGMENT



DENAULT J.



[1]      This is an appeal by the appellant"s mother and father under subsection 14(5) of the Citizenship Act (the Act) against a citizenship judge"s decision, dated October 10, 1997, that the appellant did not meet the test for a grant of Canadian citizenship.

[2]      The appellant was born in Tangier, Morocco, on September 3, 1993, and is in the legal custody of her lawful father and his wife.

[3]      In a notice to the Minister, dated March 7, 1997, the citizenship judge determined that the appellant did not meet the requirements of paragraphs 5(1)(b), (c), (d) and (e) of the Act, but recommended that the Minister waive those requirements under subsection 5(3). Because the Minister, through her delegate, refused to do so, the citizenship judge did not approve the application.

[4]      There are no grounds for this Court to intervene in the case at bar. After determining that the applicant did not meet any of the requirements of subsection 5(1) of the Act, and before deciding not to approve the application, the citizenship judge had to consider whether or not to recommend that the Minister grant citizenship to the applicant on compassionate grounds under subsection 15(1) of the Act. Given the Minister"s refusal, the citizenship judge had no choice but to dismiss the application, which she did. The Court does not have to review the Minister"s decision in this case; under the Act, she alone has the discretion to waive the requirements of the Act.

[5]      For these reasons, the appeal is dismissed.


     Pierre Denault

     Judge

Québec, Quebec

October 21, 1999

Certified true translation


Peter Douglas

     FEDERAL COURT"TRIAL DIVISION




Date: 19991021


Docket: T-2465-97



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

BILAL KAMEL

     Appellant













     REASONS FOR JUDGMENT AND JUDGMENT





     FEDERAL COURT"TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO:                      T-2465-97

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

                             BILAL KAMEL

     Appellant

PLACE OF HEARING:                  Québec, Quebec

DATE OF HEARING:                  October 20, 1999

REASONS FOR ORDER

OF THE COURT BY:                  The Honourable Denault J.

DATED:                          October 21, 1999

APPEARANCES:

                     Linda Brière              for the appellant

                     Claudette Tessier-Couture      amicus curiae

SOLICITORS OF RECORD:

                     Linda Brière

                     Sainte-Foy, Quebec          for the appellant

                     MARTINEAU WALKER

                     Québec, Quebec          amicus curiae

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