Date: 20000908
Docket: T-2-00
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
- and -
IBRAHIM MOHAMED PATEL
Respondent
[1] These reasons confirm those rendered orally at the conclusion of the hearing of the applicant's appeal pursuant to section 14(5) of the Citizenship Act, R.S.C. 1985, c.-29 in respect of the decision of the Citizenship judge dated July 15, 1998 wherein the judge approved the respondent's application for citizenship.
[2] The issue is whether the Citizenship judge erred in fact or in law when she approved the respondent's application for citizenship. On the notice to the Minister of the decision of the Citizenship judge indicating her decision reasons, the Citizenship judge calculated that Mr. Patel was short only 22 days (representing 1000 days minus 978 days). That same notice supplied the correct figures for the total number of days (1460); total lapses (1095); and "physical presence" (365). The Citizenship judge, based on the calculation of only 482 days absence, calculated that the respondent was physically present in Canada for 978 days. However, this was based on the respondent's first residence figures supplied in his application for citizenship. By subsequent letter dated December 18, 1998, the respondent was requested to complete his absences from Canada and did so. Unfortunately, the Citizenship judge did not note that the figures that had originally been supplied had been replaced by the new figures submitted as a consequence of the December 18, 1998 letter. The correct figures for the days present over the relevant four year period from June 22, 1994 to August 19, 1997, excluding the absences, is 365 days. This figure is the proper figure that should have been used by the Citizenship judge.
[3] Accordingly, the figure of 978 days present is a palpable error on the face of the record, and the matter must be returned to the Citizenship judge for redetermination in a manner not inconsistent with these reasons.
[4] Therefore, at the conclusion of the hearing I ordered that the appeal be allowed and the matter be returned to the Citizenship judge for redetermination in a manner not inconsistent with these reasons. An order so providing, orally rendered at the conclusion of the hearing, has been confirmed in writing.
"W. P. McKeown"
J.F.C.C.
Toronto, Ontario
September 8, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-2-00
STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION
- and -
IBRAHIM MOHAMED PATEL
DATE OF HEARING: THURSDAY, SEPTEMBER 7, 2000
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: MCKEOWN J.
DATED: FRIDAY, SEPTEMBER 8, 2000
APPEARANCES BY: M. Lori Hendriks
For the Applicant
Gulan Mohamed
For the Respondent with permission of the Court
SOLICITORS OF RECORD: Morris Rosenberg
Deputy Attorney General of Canada
For the Applicant
Ibrahim Mohamed Patel
172 Malvern Street
Scarborough, Ontario
M1B 1S8
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000908
Docket: T-2-00
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
- and -
IBRAHIM MOHAMED PATEL
Respondent
REASONS FOR ORDER