T-1770-95
MONTRÉAL, QUEBEC, THIS 17th DAY OF JUNE 1997
| BETWEEN: 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 |
ALI AKBAR KASHEFI NAINI,
Appellant.
JUDGMENT AND REASONS FOR JUDGMENT
NADON J.
By decision dated August 11, 1995, the citizenship judge denied the appellant's application on the ground that he did not meet the residence requirements, as set out in paragraph 5(1)(c) of the Citizenship Act.
The appellant, who was born in Iran on July 5, 1957, arrived in Canada on May 18, 1990. He became a permanent resident on October 26, 1991. He filed his application for citizenship on August 9, 1994. On April 21, 1995, he appeared before the citizenship judge.
In this Court, the appellant testified that since arriving in Canada he had never left the country. His wife, who is a Canadian citizen, corroborated his testimony. A friend, Ali Reza Sokut, testified that he had known the applicant for about seven years and that to his knowledge the appellant had never left the country. The appellant drew my attention to the fact that he had been admitted to Canada as a refugee and that he had no passport and no other document with which he could leave the country.
The appellant also filed copies of leases establishing that he had lived in Montreal since 1990. His friend, Ali Reza Sokut, also testified that he had known the appellant when he was living in the same building as the appellant on Boulevard Lacordaire in St-Léonard.
There can therefore be no doubt that the appellant meets the requirements of paragraph 5(1)(c) of the Citizenship Act.
Accordingly, the appeal is allowed.
Marc Nadon
Judge
Certified true translation
C. Delon, LL.L.
Federal Court of Canada
Court file No. T-1770-95
between
| 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 |
ALI AKBAR KASHEFI NAINI,
Appellant.
JUDGMENT AND REASONS FOR JUDGMENT
| FEDERAL COURT OF CANADA |
| NAMES OF COUNSEL AND SOLICITORS OF RECORD |
| COURT FILE NO: T-1770-95 |
| STYLE OF CAUSE: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 |
| ALI AKBAR KASHEFI NAINI, |
| Appellant. |
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: June 17, 1997 |
| REASONS FOR JUDGMENT BY THE HONOURABLE MR. JUSTICE NADON |
| DATE OF REASONS FOR JUDGMENT: June 17, 1997 |
| APPEARANCES: |
| Ali Akbar Kashefi Naini for himself |
| Jean Caumartin Amicus Curiae |
| SOLICITORS OF RECORD: |
| Ali Akbar Kashefi Naini for himself |
| St-Léonard, Quebec |
| Jean Caumartin Amicus Curiae |
| Montréal, Quebec |