Yassini ( Re )
T-1930-95
McKeown J.
12/6/96
5 pp.
Appeal from Citizenship Judge's refusal of application for Canadian citizenship-Appellant not accumulating three years of residence required under Citizenship Act, s. 5(1)(c)-Appellant Iranian national working at Canadian embassy in Iran for five years-During employment commenced representation of Canadian business and political interests in Iran-After Islamic revolution, applicant putting own and family's personal safety at considerable risk in promotion of Canadian business-Played crucial role in establishing Canadian interests with new political regime in Iran-Appellant works for Canadian company and children educated in Canada-Three of them Canadian citizens and fourth applying for citizenship-On appeal from decision refusing approval of application after declining to make recommendation to Governor in Council, Court has authority and duty to correct decision on whether statutory requirements met and decision not to recommend exercise of powers of Minister or Governor in Council under s. 5(3), (4)-Applicant performed services of exceptional value to Canada within meaning of s. 5(4)-Case of special and unusual hardship-Court recommending discretion of Governor in Council under s. 5(4) be exercised to direct Minister to grant Canadian citizenship-Citizenship Act, R.S.C., 1985, c. C-29, ss. 5(1)(c),(3) (as am. by S.C. 1992, c. 21, s. 7), (4).