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Tohme ( Re )

T-275-94

MacKay J.

1/12/95

6 pp.

Appeal from Citizenship Court Judge's decision not to approve appellant's application for citizenship as under probation order (three years) following conviction for two charges of sexual assault, with condition probation could be terminated after 18 months on recommendation of probation officer-18 months passed but no such recommendation-Therefore, still on probation at time of Citizenship Court Judge's decision-Appeal allowed-As citizenship appeal trial de novo, although Citizenship Court Judge's decision correct, by time present appeal heard, Judge's reasons for decision (appellant then on probation) no longer applicable as appellant no longer on probation and meeting all other citizenship requirements.

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