Naini (Re), docket T-1770-95

     T-1770-95

MONTRÉAL, QUEBEC, THIS 17th DAY OF JUNE 1997

             R.S.C. 1985, c. C-29,

             ALI AKBAR KASHEFI NAINI,

     Appellant.

     JUDGMENT AND REASONS FOR JUDGMENT

NADON J.

     By decision dated August 11, 1995, the citizenship judge denied the appellant's application on the ground that he did not meet the residence requirements, as set out in paragraph 5(1)(c) of the Citizenship Act.

     The appellant, who was born in Iran on July 5, 1957, arrived in Canada on May 18, 1990. He became a permanent resident on October 26, 1991. He filed his application for citizenship on August 9, 1994. On April 21, 1995, he appeared before the citizenship judge.

     In this Court, the appellant testified that since arriving in Canada he had never left the country. His wife, who is a Canadian citizen, corroborated his testimony. A friend, Ali Reza Sokut, testified that he had known the applicant for about seven years and that to his knowledge the appellant had never left the country. The appellant drew my attention to the fact that he had been admitted to Canada as a refugee and that he had no passport and no other document with which he could leave the country.

     The appellant also filed copies of leases establishing that he had lived in Montreal since 1990. His friend, Ali Reza Sokut, also testified that he had known the appellant when he was living in the same building as the appellant on Boulevard Lacordaire in St-Léonard.

     There can therefore be no doubt that the appellant meets the requirements of paragraph 5(1)(c) of the Citizenship Act.

     Accordingly, the appeal is allowed.

                                     Marc Nadon

                                     Judge

Certified true translation

C. Delon, LL.L.

     Federal Court of Canada

     Court file No. T-1770-95

between

     ALI AKBAR KASHEFI NAINI,

     Appellant.

     JUDGMENT AND REASONS FOR JUDGMENT