T-1185-96
OTTAWA, ONTARIO, THIS 24th DAY OF JUNE 1997
BEFORE THE HONOURABLE MR. JUSTICE
IN THE MATTER OF THE Citizenship Act,
R.S.C. 1985, c. C-29,
AND IN THE MATTER OF an appeal from a decision
of a Citizenship judge,
AND IN THE MATTER OF
MOUMNI ABDELOUAHAB,
Appellant.
JUDGMENT
NOËL J.:
The appeal is allowed and the decision of the Citizenship judge is set aside.
Marc Noël
Judge
Certified true translation
C. Delon, LL.L.
T-1185-96
IN THE MATTER OF THE Citizenship Act,
R.S.C. 1985, c. C-29,
AND IN THE MATTER OF an appeal from a decision
of a Citizenship judge,
AND IN THE MATTER OF
MOUMNI ABDELOUAHAB,
Appellant.
REASONS FOR JUDGMENT
NOËL J.:
These are two appeals from a decision of a Citizenship judge dated March 29, 1996, denying the appellants' applications for citizenship on the ground that they did not meet the requirements in paragraph 5(1)(c) of the Citizenship Act; the appellants are spouses and their appeals were heard jointly. The refusal letter sent to the appellants stated the following reasons:
[translation]
| Paragraph 5(1)(c) specifies that a person who makes an application for citizenship must have accumulated at least three years of residence in Canada within the four years immediately preceding the date of his or her application. |
| At the interview, I noted that the address you gave as your principal residence was 1837 Laurier est. That address is a place of business. In addition, the documents in the record are dated 1994/1995. You had difficulty giving me your current address during the hearing. Unfortunately, you could not provide me with satisfactory evidence of your residence in Canada. |
In their notices of appeal, the appellants offered the following explanation:
[translation]
| I fully meet the residence requirements of paragraph 5(1)(c) because I have lived in Canada since June 21, 1991, and I have accumulated much more than 3 years in the last four years. With respect to 1837 Laurier est, that is our address or rather our business office so I receive my mail or when conduct my transactions, for example buying property, I always give my business address. Thank you for your understanding. Please do not hesitate to call us for more info.1 |
At the hearing before me, the appellants were able to establish their place of residence in Canada since 1991. They also introduced evidence of the numerous ties they maintain in Canada, in terms of both their immediate family and the financial investments they have made. There is no doubt that the appellants meet the requirements of paragraph 5(1)(c) of the Act.
For these reasons, the appeal is allowed and the decision of the Citizenship judge is set aside.
Marc Noël
Judge
Ottawa, Ontario
June 24, 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-1185-96
STYLE OF CAUSE: Citizenship Act
v. Moumni Abdelouahab
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 17, 1997
REASONS FOR JUDGMENT OF: The Honourable Mr. Justice Noël
DATED: June 24, 1997
APPEARANCES:
Joseph El Fassy FOR THE APPELLANT
Jean Caumartin AMICUS CURIAE
SOLICITORS OF RECORD:
Joseph El Fassy FOR THE APPELLANT
Montréal, Quebec
Jean Caumartin AMICUS CURIAE
Montréal, Quebec
__________________
1 Taken from the appeal book.