Kamber ( Re )
T-163-94
Richard J.
30/1/95
6 pp.
Appeal from dismissal of citizenship application on basis applicant having neither adequate knowledge of one of two official languages nor adequate knowledge of Canada and of responsibilities and privileges of citizenship, as required by Act, s. 5(1) -- Applicant maintained compassionate reasons justified special recommendation to Minister requirements of s. 5(1) of Act be waived -- At hearing, appellant demonstrated adequate knowledge of responsibilities and privileges conferred by citizenship but still inadequate knowledge of languages -- Appellant submitted psychological assessment report concluding had significant learning difficulties, especially with abstract concepts involved in learning second language -- Issue whether appeal could be allowed on compassionate grounds on evidence -- Only Governor in Council and Minister having power to make recommendations or order citizenship be granted -- Legislation does not give Court power to grant exemption from provisions of s. 5(1) -- However Court has power to refer case back to citizenship judge when judge did not take relevant evidence into account or when relevant information included in record at re-hearing in Federal Court -- Case may be referred back without appellant having to file application for judicial review, especially where pursuant to Act, s. 16, doubtful whether such remedy available, as in case at bar -- Matter referred back to Citizenship Judge for her to take psychological assessment report into account -- Citizenship Act, R.S.C., 1985, c. C-29, ss. 5(1), 16.