Fudoli ( Re )
T-2432-93
MacKay J.
21/3/95
4 pp.
Appeal from Citizenship Judge's decision not to approve citizenship application on basis of failure to demonstrate adequate knowledge of Canada and of responsibilities and privileges of citizenship-Citizenship Judge also deciding against recommending to Minister exercise of discretion on special grounds -- Court of Appeal confirming adverse finding of adequate knowledge -- Appellant arguing medical evidence, not before Citizenship Judge, warranting recommendation Minister exercise discretion on humanitarian grounds-Court not having authority or discretion to make recommendation to Minister: Citizenship Judge alone having jurisdiction to recommend exercise of discretion -- Appellant urging Court to refer back medical evidence to Citizenship Judge with direction it be considered in reviewing exercise of her discretion to make recommendation -- Medical evidence meriting consideration by Citizenship Judge -- Although not judicial review proceeding, Court may, in dismissing appeal, direct Court Registry to remit record to Citizenship Court with direction judge be invited to consider medical evidence in considering recommendation -- Such consideration may require appellant to make new citizenship application -- Appeal dismissed with direction.