Date: 19990917
Docket: T-2684-96
B E T W E E N :
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 JAFAR AGHA MODJTAHEDI
Appellant
REASONS FOR JUDGMENT
(Rendered from the Bench at Toronto, Ontario,
Tuesday, January 27, 1998)
HUGESSEN J.
[1] The issue in this citizenship appeal is one of residence. Since coming to Canada in 1988, the appellant has on a fairly regular basis spent about fifty percent of his time travelling on business in Iran, his country of origin. He bought a residential property here but it proved too expensive for him to live in and he was obliged to rent it out. His wife and his daughter returned early to Iran and have remained there in an apartment that the appellant owns in Teheran. He works for a company that is owned by one of his brothers and which imports persian carpets from Iran. He really seems to have no fixed residence in this country having lived in effect as a guest either with one of his brothers or with his son who is a Canadian citizen. He has never paid taxes in Canada and does not pay taxes in Iran although it is clear that he must have an income of some sort which is sufficient to allow him to live. He has never learned English because, as he said very honestly, his heart is overseas.
[2] In these circumstances, I am not persuaded that the Citizenship judge erred in finding that the appellant has not established residence in Canada.
[3] The appeal will be dismissed.
"James K. Hugessen"
J.