Date: 19971125
File: T-771-96
MONTRÉAL, QUEBEC, THIS 25th DAY OF NOVEMBER 1997
PRESENT: THE HONOURABLE MR. JUSTICE RICHARD
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
NICOLAS BANNOUT,
Appellant.
JUDGMENT
The appeal is allowed.
John D. Richard
Judge
Certified true translation
C. Delon, LL.L.
Date: 19971125
File: T-771-96
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
NICOLAS BANNOUT,
Appellant.
REASONS FOR JUDGMENT
RICHARD J.
[1] This is an appeal from the decision of a Citizenship judge dated March 15, 1996, denying the appellant's application for citizenship under subsection 5(1) of the Act because he was unable to prove that he was domiciled in Canada.
[2] The appellant, who is 70 years old, and his son, Charles Bannout, testified before me. He was lawfully admitted to Canada for permanent residence on December 11, 1992, and applied for citizenship on November 24, 1995.
[3] Since his arrival in Canada in April 1991 he has lived in his son's home in Boisbriand, Québec. After his wife died in September 1993 he returned to Syria to reclaim property, and was out of the country for 338 days. He obtained a returning resident permit.
[4] Although he is not employed in Canada he is sponsored by his son.
[5] Based on the evidence given before me, I am satisfied that the appellant is settled in Canada, that his one absence from Canada was temporary, that he was away longer than intended and that he maintained the intention of returning to Canada. He satisfied the requirements of the Act concerning residence.
[6] In the circumstances, the appeal is allowed.
MONTRÉAL, QUEBEC John D. Richard
THIS 25th DAY OF NOVEMBER 1997 Judge
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF CANADA
Date: 19971125
File: T-771-96
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
NICOLAS BANNOUT,
Appellant.
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-771-96
| STYLE OF CAUSE: 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
NICOLAS BANNOUT,
Appellant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November 24, 1997
REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE RICHARD
DATE OF REASONS FOR JUDGMENT: November 25, 1997
APPEARANCES:
Nicolas Bannout for himself
SOLICITORS OF RECORD:
George Thomson
Deputy Attorney General
of Canada for the applicant
Nicolas Bannout
Montréal, Quebec for himself