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     T-1300-96

OTTAWA, ONTARIO, THIS 27th DAY OF OCTOBER 1997

PRESENT: MR. JUSTICE DUBÉ

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

     HASSAN ANEBARCHE,

     Appellant.

     J U D G M E N T

     The appeal is allowed.

    

     Judge

Certified true translation

C. Delon, LL.L.

     T-1300-96

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

     HASSAN ANEBARCHE,

     Appellant.

     REASONS FOR JUDGMENT

DUBÉ J.:

     The appellant's application for citizenship was refused by the Citizenship judge on the ground that he did not meet the requirements of subsection 5(1) of the Act, and more precisely that he had not established that he had resided in Canada during 1992.

     On appeal from that decision, he filed a document corroborating the fact that during the period in question he resided at 1699 Rachel Est, Montréal, Quebec. Since a citizenship appeal is a trial de novo, it was open to him to introduce that evidence. The document in question is a claim in respect of non-payment of rent issued by the Régie du Logement of the Government of Quebec dated February 23, 1993, relating to the period between February 1, 1992 and June 3, 1992. Thereafter, the appellant has lived in the Montréal region continuously until today, with the exception of 94 days when he was out of the country.

     The appellant therefore meets the requirements of paragraph 5(1)(c) of the Act, which provides that a person applying 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.

     Accordingly, this appeal is allowed.

O T T A W A

October 27, 1997

    

     Judge

Certified true translation

C. Delon, LL.L.

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO:      T-1300-96

STYLE OF CAUSE:      Citizenship v. Hassan Anebarche

PLACE OF HEARING:      Montréal, Quebec

DATE OF HEARING:      October 21, 1997

REASONS FOR JUDGMENT OF DUBÉ J.

DATED:      October 27, 1997

APPEARANCES:

Isabelle Montpetit              FOR THE APPELLANT

Jean Caumartin              FOR THE AMICUS CURIAE

SOLICITORS OF RECORD:

Alepin Gauthier

Laval, Quebec              FOR THE APPELLANT

Jean Caumartin

Montréal, Quebec              FOR THE AMICUS CURIA

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