T-2292-95
OTTAWA, ONTARIO, THIS 3rd DAY OF FEBRUARY 1997
PRESENT: THE HONOURABLE MR. JUSTICE JOYAL
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
SEKOU SISSAKO,
Appellant.
J U D G M E N T
The appellant's appeal is allowed. He is therefore entitled to Canadian citizenship.
L. Marcel Joyal
JUDGE
Certified true translation
C. Delon, LL.L.
T-2292-95
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
SEKOU SISSAKO,
Appellant.
REASONS FOR JUDGMENT
JOYAL J.
The appellant has appealed from the decision of a Citizenship judge holding that the appellant was unable to meet the requirement set out in paragraph 5(1)(c) of the Citizenship Act. That provision requires a period of a least three years' residence in Canada during the four years immediately preceding the date of the citizenship application.
The Citizenship judge did say in her judgment that in her interview with the appellant she had expressed doubts as to his periods of residence and absence in recent years. In addition to the periods of absence, the appellant had no more or less permanent residence, which led the judge to conclude that the appellant had not really demonstrated a lifestyle or conduct that might indicate serious ties to Canada or an obvious desire to make Canada his principal residence. In view of the evidence before the judge, her decision may be said to be sound.
On appeal, the appellant submitted additional evidence to satisfy the Court to the contrary. I share the opinion of the amicus curiae that, based on this new evidence, the Court may allow the appeal and find that the appellant is entitled to citizenship.
L. Marcel Joyal
JUDGE
O T T A W A, Ontario
February 3, 1997.
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-2292-95
STYLE OF CAUSE: CITIZENSHIP ACT
AND
SEKOU SISSAKO
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: JANUARY 28, 1997
REASONS FOR JUDGMENT OF JOYAL J. DATED FEBRUARY 3, 1997
APPEARANCES:
SEKOU SISSAKO APPELLANT
JEAN CAUMARTIN AMICUS CURIAE
SOLICITORS OF RECORD:
JEAN CAUMARTIN AMICUS CURIAE
MONTRÉAL, QUEBEC