4. Literacy and immigration law

Citizenship and immigration is an area of administrative law where literacy and the understanding of law presents a daily challenge. Matters coming before immigration boards and tribunals involving the issue of literacy are often in the context of citizenship requirements— namely, the applicant’s knowledge of the official language, as well as knowledge of Canada and the responsibilities and privileges of citizenship. Similarly, low literacy presents an obstacle for individuals required to complete potentially complex and confusing documentation in a clear and accurate manner.

• Hassan v. Canada (Minister of Citizenship and Immigration), [2002] F.C.J. No. 1049 (Fed. Ct. T.D.) Hassan was a citizen of Somalia and a permanent resident of Canada. She was denied citizenship on the basis of her inability to understand either official language. A psychologist’s opinion was considered—as Hassan did not receive an education, she therefore did not have skills required to learn a new language. The citizenship judge considered the opinion but held that other people in Hassan’s situation had benefited from literacy programs and that she had many opportunities in Canada to improve her education. On appeal, a letter was placed before the court by an instructor of a literacy program that said Hassan had been enrolled in the program since September 1997 but had made no progress. The court allowed the appeal. The finding that Hassan had many opportunities in Canada to improve her education was patently unreasonable and perverse as medical evidence established that she did not have the skills needed to use the programs available.