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Date: 19981023


Docket: T-2191-97

     OTTAWA, ONTARIO, THIS 23rd DAY OF OCTOBER, 1998

     BEFORE: THE HONOURABLE MR. JUSTICE TEITELBAUM

         IN THE MATTER OF THE CITIZENSHIP ACT,                 

                 R.S.C., 1985, c. C-29

         AND IN THE MATTER OF an appeal from the                 
                 decision of a Citizenship Judge                                 

             AND IN THE MATTER OF

                     Mustafa Yetkin,

     Appellant.

     ORDER AND REASONS FOR ORDER

     This is an appeal from a decision of a citizenship judge dated September 11, 1997 whereby the appellant, Mustafa Yetkin, was refused citizenship on the basis that he did not meet the requirements set out in paragraphs 5(1)(d) and 5(1)(e) of the Citizenship Act, that is to say, the appellant did not have adequate knowledge of one of Canada"s official languages and did not have adequate knowledge of Canada and the responsibilities and privileges of citizenship.

     In the case at bar, an appeal to the Federal Court, Trial Division, from a decision of a citizenship judge is a trial de novo and consequently new evidence may be submitted for the Court"s consideration.

     After the appellant was called to give evidence, he took his affirmation in English. He was questioned, almost entirely in English, about Canada and the responsibilities and privileges of citizenship. The appellant gave answers to virtually all the questions put to him.

     I have no hesitation in recommending that the appellant be granted Canadian citizenship. He must have a made a tremendous effort to learn from the time he appeared before the citizenship judge.

     The appeal is allowed.

                             "Max M. Teitelbaum"

                             

                                 J.F.C.C.

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