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                                             Date: 19990709

                                             Docket: T-2358-98


Between:

     MINISTER OF CITIZENSHIP

     AND IMMIGRATION


     Applicant


     - and -


     N'SIRA TOURE


     Respondent

    



Hearing held at Québec, Quebec, the 9th day of July 1999


Order made at Québec, Quebec, the 9th day of July 1999



REASONS FOR ORDER BY:      NADON J.











Date: 19990709

     Docket: T-2358-98



Between:     

     MINISTER OF CITIZENSHIP AND IMMIGRATION

     Applicant

     - and -



N'SIRA TOURE


Respondent



     REASONS FOR ORDER AND ORDER



NADON J.


[1]      Pursuant to subsection 14(5) of the Citizenship Act (the Act), the applicant is appealing from the decision of Judge Pageau, who found that the respondent met the residence requirements of paragraph 5(1)(c) of the Act.

[2]      The respondent, a permanent resident, filed a citizenship application on October 3, 1997. Between October 1993 and October 1997, the respondent was physically in Canada for only 119 days, which means that she spent 1,342 days abroad.

[3]      Paragraph 5(1)(c) of the Act provides that a person applying for Canadian citizenship must have accumulated at least three years of residence in Canada within the four years immediately preceding the date of his or her application for citizenship. There is no doubt that the respondent does not meet the requirement of paragraph 5(1)(c) of the Act.

[4]      For the reasons I set out in Re Afandi (November 6, 1998) T-2476-97, Judge Pageau"s decision cannot be upheld. Accordingly, the appeal by the Minister of Citizenship and Immigration is allowed and Judge Pageau"s judgment is set aside.




     Marc Nadon

     Judge

Québec, Quebec

July 9, 1999


Certified true translation


M. Iveson

     FEDERAL COURT - TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:      T-2358-98

STYLE OF CAUSE:      MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Applicant

     AND:

     N"SIRA TOURE

     Respondent

PLACE OF HEARING:      Québec, Quebec

DATE OF HEARING:      July 9, 1999

REASONS FOR ORDER

OF THE COURT BY:      The Honourable Mr. Justice Nadon

DATED:      July 9, 1999

APPEARANCES:

     Daniel Latulippe      for the applicant

     N"Sira Toure (on her own behalf)      for the respondent

SOLICITORS OF RECORD:

     Morris Rosenberg

     Deputy Attorney General

     of Canada      for the applicant

     N"Sira Toure (on her own behalf)

     Pont-rouge (Québec)      for the respondent





     FEDERAL COURT - TRIAL DIVISION


     Date: 19990709

     Docket: T-2358-98



Between:

MINISTER OF CITIZENSHIP

AND IMMIGRATION

     Applicant


and


N"SIRA TOURE


     Respondent












     REASONS FOR ORDER





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