Date: 20080909
Docket: T-642-08
Citation: 2008
FC 1009
Toronto, Ontario, September 9, 2008
PRESENT: The Honourable Louis S. Tannenbaum
BETWEEN:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Applicant
and
MUHAMMAD SADIQ
Respondent
REASONS FOR ORDER AND ORDER
[1]
It is
uncontested that the respondent was absent for a two-year single period prior
to the application for citizenship, as noted by the citizenship judge when he
indicated “732 days out” and “728 days in” in answer to question number four of
his decision and notice to the Minister.
[2]
The
respondent was therefore short 367 days (1095 being required) of residence
during the period specified in sec. 5 (1) (c) of the Citizenship Act.
There is absolutely no reason given by the judge for finding deemed residence
notwithstanding what is to be considered an “extensive” absence during the
required period (sec. 5 (1) (c)) set forth in the Act. In my view this
constitutes an error of law, and is a sufficient reason to quash and annul the
decision.
ORDER
THIS COURT ORDERS that for the reasons given, the
decision of Judge Robert Morrow dated October 20, 2006, is annulled for all
purposes.
“Louis S. Tannenbaum”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-642-08
STYLE OF
CAUSE: THE
MINISTER OF CITIZENSHIP AND IMMIGRATION v.
MUHAMMAD SADIQ
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 9, 2008
REASONS FOR ORDER
AND ORDER: TANNENBAUM D.J.
DATED: September 9, 2008
APPEARANCES:
|
Sally Thomas
|
FOR THE APPLICANT
|
|
No Appearance
|
FOR THE RESPONDENT
(SELF-REPRESENTED)
|
SOLICITORS OF RECORD:
|
JOHN H. SIMS, Q.C.
Deputy Attorney General of Canada
|
FOR THE APPLICANT
|
|
MUHAMMAD SADIQ
Windsor, Ontario
|
FOR THE RESPONDENT
(SELF-REPRESENTED)
|
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