Tam ( Re )
T-911-93
Rouleau J.
8/11/93
4 pp.
Appeal from denial of citizenship on ground insufficient knowledge of one of official languages of Canada and of Canada, responsibilities, privileges of citizenship -- Citizenship Judge not recommending under s. 15 exercise of ministerial discretion under s. 5(3), (4) to grant citizenship on compassionate grounds or for reasons of special hardship -- Appellant 60 years old -- Admitted to Canada as permanent resident in 1982 with husband and son -- Husband died in 1986 -- Living with son, daughter-in-law, three grandchildren, all Canadian citizens -- Running household so son and wife can devote their time to running business -- Life revolves around family -- No friends outside family circle -- Wanting to become Canadian citizen because does not like communism and wants to die here -- Knowing elections held to "elect an officer", although unsure of meaning of "to vote" except "to elect somebody" -- Unable to explain what Prime Minister was, but identifying Jean Chrétien as new Prime Minister -- Illiterate in Chinese -- Appeal allowed -- Appellant leading stable life since arrival in Canada -- Never burden on Canadian social resources -- Devoted mother, grandmother, whose contribution running household, enabling son and his wife to run business -- No other living relatives outside Canada -- Failure to meet requirements of s. 5(1)(d), (e) not due to lack of effort or desire, but because functionally illiterate -- Compelling factors warranting recommendation to Minister for exercise of discretion to waive knowledge, language requirements -- Matter returned to Citizenship Judge for reconsideration of recommendation based on compassionate grounds pursuant to Citizenship Act, s. 15 having regard to age, family status, illiteracy -- Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(d), (e), (3), (4), 15.