T-2188-95
OTTAWA, ONTARIO, THIS 3rd DAY OF FEBRUARY 1997
PRESENT: THE HONOURABLE MR. JUSTICE JOYAL
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
GEORGE BACHOURA,
Appellant.
J U D G M E N T
The appellant's appeal is allowed. He is therefore entitled to Canadian citizenship.
L. Marcel Joyal
JUDGE
Certified true translation
C. Delon, LL.L.
T-2188-95
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
GEORGE BACHOURA,
Appellant.
REASONS FOR JUDGMENT
JOYAL J.
The appellant has appealed from the decision of a Citizenship judge holding that the appellant was unable to meet the requirement set out in paragraph 5(1)(c) of the Citizenship Act. That provision requires a period of a least three years' residence in Canada during the four years immediately preceding the date of the citizenship application.
The Citizenship judge did say in her judgment that in her interview with the appellant she had expressed doubts as to his periods of residence and absence in recent years, but that he had not provided sufficient evidence to satisfy her that he met the requirements of the Act.
As often happens, counsel for the appellant then took over the case, and was able to provide the Court with additional evidence of his client's establishment in Canada at the hearing.
In my view, and in the eyes of the amicus curiae, that additional evidence is such that it satisfies the Court that the appellant's periods of absence are not such as would create a reasonable doubt as to his establishment in Canada.
Accordingly, with the agreement of the amicus curiae, I allow the appeal and declare that the appellant is entitled to Canadian citizenship.
L. Marcel Joyal
JUDGE
O T T A W A, Ontario
February 3, 1997.
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-2188-95
STYLE OF CAUSE: CITIZENSHIP ACT
AND
GEORGE BACHOURA
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: JANUARY 28, 1997
REASONS FOR JUDGMENT OF JOYAL J. DATED FEBRUARY 3, 1997
APPEARANCES:
MARC CHÉNARD FOR THE APPELLANT
JEAN CAUMARTIN AMICUS CURIAE
SOLICITORS OF RECORD:
MARC CHÉNARD FOR THE APPELLANT
MONTRÉAL, QUEBEC
JEAN CAUMARTIN AMICUS CURIAE
MONTRÉAL, QUEBEC