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any chance in federal court

links18

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Feb 1, 2006
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ZYXWVU98 said:
appeal may not be successful. Because when you agreed to do the oral exam, virtually you agreed to waive your chance to take written exam. you should have told the judge during the hearing that you want to come back for a second time and be scheduled for a written exam.
This case has irregularities all over it.
 

chakrab

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Mar 8, 2013
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i don't understand why the OP didn't go for the written test in the first place? are you not confident of your english? that may be one of the reason. plus written tests are usually easier to pass since you have multiple choice answer (if one can read english properly).
 

links18

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Feb 1, 2006
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Citizenship manual is clear that if you have to go before the citizenship judge, he/she can give you an oral knowledge exam if they want to--even if you already passed the written exam. Of course, the test shouldn't be arbitrary. It has to confirm to some standard doesn't it? Moreover, I would think the OP is entitled to a better explanation of just what exactly it was that they failed.

OP's lawyer should be all over this.
 

chakrab

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links18 said:
Citizenship manual is clear that if you have to go before the citizenship judge, he/she can give you an oral knowledge exam if they want to--even if you already passed the written exam. Of course, the test shouldn't be arbitrary. It has to confirm to some standard doesn't it? Moreover, I would think the OP is entitled to a better explanation of just what exactly it was that they failed.

OP's lawyer should be all over this.
OP chose the judge over written test and according to the letter, he failed the oral test. not sure if one gets a second chance at the oral test.
 

links18

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chakrab said:
OP chose the judge over written test and according to the letter, he failed the oral test. not sure if one gets a second chance at the oral test.
How do you know they "chose" oral test. Where did they say that?
 

chakrab

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medielmawla said:
I never did my written exam, I did only once orally when I met the judge, I know I should do it twice before I see the judge is that correct?
medielmawla said:
I failed my citizenship test orally, I did it only once when I met the judge ,I never did it writing .
OP wrote this on first page when I asked him the question
 

ZYXWVU98

Star Member
Jul 20, 2012
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Judge doesn't have to tell you on the scene that you failed your exam. but if I were you, I would refuse to take oral exam in the first place because the applicant does have the choice to opt for written exam since most other applicants went through written exam or at least come back at a second time be more prepared especially they never told you beforehand you are going to face oral exam. it would be unfair only targeting you for an oral exam. however, if you agreed to take the oral exam, then it would be difficult go back to the court arguing you should have been given written exam because by answering oral exam questions, you implicitly agreed to opt for oral exam instead of written exam in exchange of faster decision as you have to wait longer to be scheduled for a written exam.

medielmawla said:
ZYXWVU98 said:
appeal may not be successful. Because when you agreed to do the oral exam, virtually you agreed to waive your chance to take written exam. you should have told the judge during the hearing that you want to come back for a second time and be scheduled for a written exam.

the judge didn't tell me that I failed my oral exam, she requested for CBSA and more documents, after 4 month I received this letter.

I regret to inform you that your application for Canadian citizenship is not approved ,you appeared before me for a hearing of your application , I found that you did not meet the requirements of paragraph 5(1) of the citizenship act.

paragraph 5(1) of the citizenship act provides that an applicant for citizenship must have an adequate knowledge of Canada and of the responsibilities and privileges of citizenship in order to qualify for Canadian citizenship.