Date: 19980202
Docket: T-2526-97
Ottawa, Ontario, this 2nd day of February 1998
Present: the Honourable Mr. Justice Pinard
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
Iliescu Constantin Aurel,
Appellant.
JUDGMENT
The appeal from the decision of a citizenship judge dated November 14, 1997, dismissing the appellant's application for Canadian citizenship on the ground that he did not meet the residence requirements set out in paragraph 5(1)(c) of the Citizenship act, is allowed.
YVON PINARD
JUDGE
Certified true translation
C. Delon, LL.L.
Date: 19980202
Docket: T-2526-97
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
Iliescu Constantin Aurel,
Appellant.
REASONS FOR JUDGMENT
PINARD J.:
[1] This is an appeal from a decision of a citizenship judge dated November 14, 1997, dismissing the appellant's application for citizenship on the ground that he did not meet the residence requirements set out in paragraph 5(1)(c) of the Citizenship Act, R.S.C. 1985, c. C-29 (the "Act"), which provides:
| 5.(1) The Minister shall grant citizenship to any person who |
...
| (c) has been lawfully admitted to Canada for permanent residence, has not ceased since such admission to be a permanent resident pursuant to section 24 of the Immigration Act, and has, within the four years immediately preceding the date of his application, accumulated at least three years of residence in Canada calculated in the following manner: |
| (i) for every day during which the person was resident in Canada before his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one-half of a day of residence, and |
| (ii) for every day during which the person was resident in Canada after his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one day of residence; |
[2] The appellant, a Romanian citizen, was born in Romania on December 14, 1953. He entered Canada on September 2, 1990, and claimed refugee status. When his claim was rejected, he returned to Romania to obtain an immigrant visa there. Upon obtaining that visa, he returned to Canada on June 2, 1995. He applied for Canadian citizenship on June 16, 1997.
[3] During the relevant four-year period preceding his application for citizenship, the appellant was absent from Canada for less than a year and a half, because of delays in obtaining his visa. It is clear from the evidence that during that absence the appellant always had the intention of residing in Canada, where he had in fact maintained his residence, personal effects and tools.
[4] There is a line of cases holding that it is not necessary for a person who applies for Canadian citizenship to be physically present in Canada for the entire 1,095 days required, where there are special or exceptional circumstances. In the instant case, I believe that the appellant's temporary absence, when he says that he was doing everything he could to return to Canada, was not so excessively long that it is contrary to the objective of the residence requirements set out in the Act.
[5] Accordingly, the appeal is allowed.
YVON PINARD
JUDGE
OTTAWA, ONTARIO
February 2, 1998
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-2526-97
STYLE OF CAUSE: Citizenship Act
v.
Iliescu Constantin Aurel
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: January 29, 1998
REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE PINARD
DATED FEBRUARY 2, 1998
APPEARANCES:
Iliescu Constantin Aurel FOR HIMSELF
Jean Caumartin AMICUS CURIAE
SOLICITORS OF RECORD:
Jean Caumartin AMICUS CURIAE
Lawyer
Montréal, Quebec