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Date: 19990125


Docket: T-389-98

         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

     JAMEL IBRAHIM MOH"D ASAD SAIDI

     Appellant

     REASONS FOR ORDER AND ORDER

BLAIS J.

[1]      This is an appeal filed by the appellant pursuant to subsection 14(5) of the Citizenship Act of the decision of Nicole Caron, Citizenship Judge, dated January 21, 1998.

[2]      The citizenship was denied because the appellant had failed to meet the residency requirements of paragraph 5(1)(c) of the Act.

[3]      The appellant had been absent from Canada for a total of 648 days out of the 1,095 days required by the Act.

[4]      Other than through exceptional circumstances, a citizenship applicant must have accumulated 3 years of physical presence in Canada in the 4 years preceding the date of application.

[5]      Obviously, the applicant does not meet the criteria and has not shown exceptional circumstances.

[6]      There is no merit to the present appeal and the present appeal is dismissed.

                         Pierre Blais

                         Judge

OTTAWA, ONTARIO

JANUARY 25, 1999

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