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Date: 19990426


Docket: T-2068-95

             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

     ROGER CASSIR

     Appellant

     REASONS FOR ORDER AND ORDER

BLAIS J.

[1]      This is an appeal from Citizenship Judge Gordana Caricevic Rakovich"s decision dated August 4, 1995, in which she refused to grant the appellant citizenship on the grounds that he did not meet the residence requirements of paragraph 5(1)(c ) of the Citizenship Act.

[2]      The hearing was held at Montréal on Tuesday, April 13, 1999, and the Court examined Roger Cassir.


[3]      On the basis of that examination, it was noted that not all of the days of presence in Canada in the years immediately preceding the application for citizenship had been recorded, and the appellant undertook to provide further documents to re-establish the periods of presence in Canada in the years immediately preceding his application.

[4]      The appellant also undertook to provide further documents regarding his work, his personal income and the income of the company of which he is sole shareholder and director.

[5]      Those documents were submitted to the Court within the allotted time.

[6]      This is a de novo appeal, and in my view the appellant has shown that he met the residence requirements of paragraph 5(1)(c) of the Citizenship Act.

[7]      The appeal is accordingly allowed.

                         Pierre Blais                          Judge

OTTAWA, ONTARIO

April 26, 1999

Certified true translation

Peter Douglas

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:              T-2068-95

STYLE OF CAUSE:          Citizenship Act v. Roger Cassir

PLACE OF HEARING:          Montréal, Quebec

DATE OF HEARING:          April 13, 1999

REASONS FOR ORDER

AND ORDER:              of the Honourable Mr. Justice Blais

DATED:                  April 26, 1999

APPEARANCES:

Roger Cassir                              FOR THE APPELLANT

                                 Acting on his own behalf

Jean Caumartin                          AMICUS CURIAE

SOLICITORS OF RECORD:

Jean Caumartin                          AMICUS CURIAE

Montréal, Quebec

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