Court questions credibility of Toronto woman who claims she failed citizenship test because judge was biased
A federal judge has dismissed the appeal of a Toronto woman who failed the citizenship test but then took the government to court claiming she had actually aced it, and that she was a victim of bias.
When Wei Zhou took the “Knowledge of Canada” test in 2011, she could not correctly answer questions about voting, history, geography or “the responsibilities and privileges of citizenship.”
She scored 13 out of 20 — below the required 75%. But she then appealed to the Federal Court, arguing that not only had she correctly answered every question but that the judge who administered the test was biased against her.
I think you better tell your other friends if they don't live in Canada for the long term, do not apply for citizenship
“The judge made me feel nervous right away by the tone of his voice,” she wrote in her affidavit. “He said to me ‘Do you know you don't live in Canada for a long time, but you still take advantage of the benefits and welfare. It is not fair to Canadians.'”
She added, “As I got up to leave after the interview the judge said to me, ‘I think you better tell your other friends if they don't live in Canada for the long term, do not apply for citizenship. It is not fair to Canadians.'”
Ms. Zhou came to Canada in 1999 as a student and was granted permanent residence in 2003. She submitted her application for citizenship in 2010 and was directed to write the citizenship test on Sept. 29, 2011.
Instead, she took the test orally at the Citizenship and Immigration Canada office in Scarborough, Ont., in front of Citizenship Judge George Khouri, after she said she would not be able to write it on her assigned date because she would be out of Canada between June, 2011 and March, 2012.
Citizenship and Immigration did not challenge her claim of bias in cross-examination or an affidavit. But in a ruling posted last week on the Federal Court of Canada website, Justice Cecily Strickland wrote that there was “reason to doubt the truthfulness” of her allegations. Since she did not even answer two questions, she could not have aced the test, the court noted.
“Given the uncertainty attached to the applicant’s credibility, and the fact that her statements are the only evidence on record regarding bias, I find that the applicant has failed to meet the high threshold for establishing a reasonable apprehension of bias,” Judge Strickland wrote.
On Monday, Prime Minister Stephen Harper issued a statement to mark the start of citizenship week, which he said was “an opportunity to reflect on what it means to be Canadian and the vast privileges that Canadian citizenship confers, including the important rights and responsibilities that come with it.”
http://news.nationalpost.com/2013/10/21/court-questions-credibility-of-toronto-woman-who-claims-she-failed-citizenship-test-because-judge-was-biased/
A federal judge has dismissed the appeal of a Toronto woman who failed the citizenship test but then took the government to court claiming she had actually aced it, and that she was a victim of bias.
When Wei Zhou took the “Knowledge of Canada” test in 2011, she could not correctly answer questions about voting, history, geography or “the responsibilities and privileges of citizenship.”
She scored 13 out of 20 — below the required 75%. But she then appealed to the Federal Court, arguing that not only had she correctly answered every question but that the judge who administered the test was biased against her.
I think you better tell your other friends if they don't live in Canada for the long term, do not apply for citizenship
“The judge made me feel nervous right away by the tone of his voice,” she wrote in her affidavit. “He said to me ‘Do you know you don't live in Canada for a long time, but you still take advantage of the benefits and welfare. It is not fair to Canadians.'”
She added, “As I got up to leave after the interview the judge said to me, ‘I think you better tell your other friends if they don't live in Canada for the long term, do not apply for citizenship. It is not fair to Canadians.'”
Ms. Zhou came to Canada in 1999 as a student and was granted permanent residence in 2003. She submitted her application for citizenship in 2010 and was directed to write the citizenship test on Sept. 29, 2011.
Instead, she took the test orally at the Citizenship and Immigration Canada office in Scarborough, Ont., in front of Citizenship Judge George Khouri, after she said she would not be able to write it on her assigned date because she would be out of Canada between June, 2011 and March, 2012.
Citizenship and Immigration did not challenge her claim of bias in cross-examination or an affidavit. But in a ruling posted last week on the Federal Court of Canada website, Justice Cecily Strickland wrote that there was “reason to doubt the truthfulness” of her allegations. Since she did not even answer two questions, she could not have aced the test, the court noted.
“Given the uncertainty attached to the applicant’s credibility, and the fact that her statements are the only evidence on record regarding bias, I find that the applicant has failed to meet the high threshold for establishing a reasonable apprehension of bias,” Judge Strickland wrote.
On Monday, Prime Minister Stephen Harper issued a statement to mark the start of citizenship week, which he said was “an opportunity to reflect on what it means to be Canadian and the vast privileges that Canadian citizenship confers, including the important rights and responsibilities that come with it.”
http://news.nationalpost.com/2013/10/21/court-questions-credibility-of-toronto-woman-who-claims-she-failed-citizenship-test-because-judge-was-biased/
