T-2501-97
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
Fama Boukhobza
Appellant
I CERTIFY that on September 24, 1998, the Court (Denault J.) ordered:
"The appeal is allowed and the decision of the Citizenship Judge dated October 17, 1997 is set aside."
CERTIFIED AT Ottawa, Ontario, the 29th day of September, 1998.
P. Lavoie
P. Lavoie
Registry Officer
Certified true translation
Peter Douglas
Date: 19980924
Docket: T-2501-97
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
FAMA BOUKHOBZA
Appellant
REASONS for JUDGMENT and JUDGMENT
DENAULT J.:
1 The appellant, a woman over 60, of Moroccan nationality, was admitted to Canada for permanent residence on March 3, 1991. Her application for citizenship, filed on October 21, 1996, was refused by the Citizenship Court because of absences totalling 295 days, whereas under paragraph 5(1)(c) of the Citizenship Act an applicant for citizenship has to have accumulated at least three years of residence in Canada within the four years immediately preceding the date of his or her application.
2 In the case at bar, the evidence submitted at the hearing of the appeal from the decision shows that the appellant, who is married and the mother of six children, some of whom live in Canada, has lived in Canada consistently since her arrival, except for two periods of about five months each, during which time she went to Morocco to visit her sick mother and her sons, and to attend the marriage of one son. On return to Canada with her husband, who had gone with her, they both found work, paid taxes and, to put it briefly, adopted the Canadian way of life. The appellant's spouse, and her children who reside in Canada, have obtained their Canadian citizenship.
3 Under the circumstances, I am of the opinion that the appellant has established that she did meet the requirements of paragraph 5(1)(c) of the Citizenship Act, as they have been interpreted in the decisions of this Court.
4 In the result, the appeal is allowed.
J U D G M E N T
The appeal is allowed and the decision of the Citizenship Judge dated October 17, 1997 is set aside.
PIERRE DENAULT
J.
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-2501-97
STYLE OF CAUSE: Citizenship Act and Fama Boukhobza
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 22, 1998
REASONS FOR JUDGMENT BY DENAULT J.
DATED: September 24, 1998
APPEARANCES:
Fama Boukhobza appellant, for herself
Jean Caumartin amicus curiae
SOLICITORS OF RECORD:
Jean Caumartin
Montréal, Quebec amicus curiae