Date: 19980818
Docket: T-2460-97
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
Mahmoud Lotfy
Appellant
REASONS FOR JUDGMENT
PINARD J.:
[1] This is an appeal from the decision of a Citizenship Judge dated October 10, 1997, refusing the appellant"s application for citizenship on the ground that he did not meet the residence requirements set out in paragraph 5(1)(c ) of the Citizenship Act (the Act), which provides:
5. (1) The Minister shall grant citizenship to any person who
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5. (1) Le ministre attribue la citoyenneté à toute personne qui, à la fois :
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[2] The appellant perfected his application for citizenship on January 18, 1996. In the notice to the Minister of the decision of the Citizenship Judge, the Judge stated the reason for her decision as follows:
[TRANSLATION]
After considering the documents filed and after hearing the testimony of the applicant, I have serious doubts as to his presence in Canada during the period required for Canadian citizenship and therefore I cannot approve this application for citizenship. |
[3] As this is an appeal de novo, I may conclude from the documentary evidence filed, which was supplemented by the testimony of the appellant and of a co-worker of six or seven years, as did the amicus curiae, that during the four-year period preceding the date of his application for citizenship, the appellant was not outside Canada for more than 122 days. The residence requirements set out in paragraph 5(1)(c) of the Act have accordingly been met and the appeal must accordingly be allowed.
YVON PINARD
JUDGE
OTTAWA, ONTARIO
August 18, 1998
Certified true translation
M. Iveson
Date: 19980818
Docket: T-2460-97
Ottawa, Ontario, the 18th day of August 1998
Present: The Honourable Mr. Justice Pinard
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
Mahmoud Lotfy
Appellant
JUDGMENT
The appeal of the decision of a Citizenship Judge dated October 10, 1997, refusing the appellant"s application for citizenship, is allowed. The appellant accordingly may not be denied Canadian citizenship on the ground that he does not meet the residence requirements set out in paragraph 5(1)(c ) of the Citizenship Act.
YVON PINARD
JUDGE
Certified true translation
M. Iveson