CITIZENSHIP AND IMMIGRATION
Status in Canada
Citizens
Appeal from citizenship judge’s decision, following oral citizenship test, applicant having inadequate knowledge of Canada, responsibilities, privileges of Canadian citizenship, as required by Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(e)—Nothing in Act, Citizenship Regulations, 1993, SOR/93-246 directing how assessment of applicant’s knowledge to be performed—Fairly high standard of procedural fairness informing decision-making process in citizenship application—Fact written test only form of evaluation mentioned in letter sent to applicant giving rise to expectation would be tested that way—Such expectation legitimate, especially in light of Citizenship and Immigration Canada’s Citizenship Policy (CP) manuals—Applicant entitled to proper notice would only be given one opportunity to demonstrate orally adequate knowledge of Canada—Appeal allowed.
Sadykbaeva v. Canada (Minister of Citizenship and Immigration) (T-1830-07, 2008 FC 1018, de Montigny J., judgment dated September 10, 2008, 15 pp.)