Date: 20010427
Docket: T-1610-00
Neutral citation: 2001 FCT 407
Between:
EZZAT CHATTA
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
TREMBLAY-LAMER J.:
[1] Notwithstanding Ms. Paris's argument, I am not satisfied that the citizenship judge committed an error that would warrant my intervention. The citizenship judge found that the applicant was not credible. Her reasons for decision identify numerous contradictions and facts that are inconsistent with the applicant's claim that he was physically resident in Canada for longer than the required 1,095 days. That finding was fully supported by the evidence in the case.
[2] The applicant further argued that the citizenship judge erred by having regard to events that took place after the period covered by the citizenship application. I do not share that view. I am satisfied that those facts were relevant in determining the applicant's credibility.
[3] On the question of delay, the applicant failed to establish that he had been prevented in any way from preserving evidence or that he had been prejudiced by the time that elapsed between the filing of his application and the time he was called for interview. Here again, there is no ground for intervention.
[4] The appeal is therefore dismissed.
Danièle Tremblay-Lamer
JUDGE
OTTAWA, ONTARIO
April 27, 2001
Certified true translation
Sophie Debbané, LL.B.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-1610-00
STYLE OF CAUSE: Ezzat Chatta
- and-
Minister of Citizenship and Immigration
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 26, 2001
REASONS FOR ORDER AND ORDER OF Tremblay-Lamer J.
DATED: April 27, 2001
APPEARANCES:
Myriam Paris FOR THE APPLICANT
Greg Moore FOR THE RESPONDENT
SOLICITORS OF RECORD:
Myriam Paris
Montréal, Quebec FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General
of Canada FOR THE RESPONDENT