Date: 19980217
Docket: T-2005-95
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
Akoua Solange Ahoa Sarmento,
Appellant.
REASONS FOR JUDGEMENT
JOYAL J.
[Erreur ! Argument de commutateur inconnu.] On September 7, 1995 the Citizenship Court refused the appellant"s application for citizenship on the ground that she had failed to comply with subsection 5(1) of the Citizenship Act , which requires a period of residence in Canada of at least three years within the four years immediately preceding her application.
[Erreur ! Argument de commutateur inconnu.] It can be seen from the record that the appellant had been living in Canada on a permanent basis since August 20, 1991. Several months later, she married a Canadian civil engineer of Brazilian extraction. Her husband then accepted a contract in Honduras as a technical advisor for SNC-Lavalin on behalf of CIDA. The appellant quite naturally followed him with the youngest of her three children.
[Erreur ! Argument de commutateur inconnu.] The appellant is alleged to have accumulated some 342 days of absence during this period. If several other short periods of absence are taken into account, she accumulated a total of 433 days of absence within the four years immediately preceding her application. It was for this reason that the Citizenship Judge refused the appellant"s application for citizenship.
[Erreur ! Argument de commutateur inconnu.] Before me, the appellant submitted additional evidence to satisfy the Court that she should have been considered resident in Canada even while absent from the country: the family"s history before, during and after the absence in Honduras clearly indicates a constant desire to return to Canada at the end of her husband"s contract; two of their three daughters never left Canada; and the family"s furniture remained in storage in Canada.
[Erreur ! Argument de commutateur inconnu.] In light of this new evidence, the amicus curiae concluded that, in his opinion, the Court"s reasoning in the Papadogiorgakis1 case should apply in the appellant"s favour and that she should be granted Canadian citizenship.
[Erreur ! Argument de commutateur inconnu.] I concur with this opinion and, in confirmation of my judgment of December 17, 1997, declare that this Court has sufficient grounds to allow the appeal and grant the appellant Canadian citizenship.
L-Marcel Joyal
JUDGE
OTTAWA, Ontario
February 17, 1998.
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-2005-95
| STYLE OF CAUSE: Citizenship Act - v. - Akoua Solange Ahoa Sarmento |
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: December 17, 1997
REASONS FOR JUDGMENT BY THE HONOURABLE MR. JUSTICE JOYAL
DATED FEBRUARY 17, 1998
APPEARANCES:
Akoua Solange Ahoa Sarmento THE APPELLANT, REPRESENTING HERSELF
Jean Caumartin THE AMICUS CURIAE
SOLICITOR OF RECORD:
Jean Caumartin THE AMICUS CURIAE
Montréal, Quebec
__________________
1 In re Citizenship Act and in re Antonios E. Papadogiorgakis [1978] 2 F.C. 208.