Sarkar (Re), docket T-2456-97

Date: 19981110

Docket: T-2456-97

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

SOUMEN SARKAR

     Appellant

REASONS FOR JUDGMENT AND JUDGMENT

BLAIS J.:

[1]      The Appellant has resided in Canada for six years now. (He landed in 1992;).

[2]      The Appellant has completed a Master's Degree in Engineering at McGill University, and has studied at the University of Montréal.

[3]      The Appellant has moved to Toronto and is now working with a consulting firm in a full-time job.

[4]      The Appellant now presents this Court with a letter from the Royal Bank attesting that he had been a Royal Bank client since October 1992; he also submits income and deductions statements from Revenue Canada Taxation for the years 1992, 1993, 1994, 1995, and 1996.

[5]      On the basis of this evidence, and since appeals to the Federal Court under section 14(5) of the Citizenship Act are trials "de novo".

[6]      I believe that the Appellant now complies with the requirement of Residence as set out in paragraph 5(1)(c) of the Citizenship Act.

     JUDGMENT

     For these reasons, accordingly, the appeal is allowed and the decision of the Citizenship Judge is set aside.

"Pierre Blais"

                                 Judge

TORONTO, ONTARIO

November 10, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                  T-2456-97

STYLE OF CAUSE:              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

SOUMEN SARKAR

    

DATE OF HEARING:          TUESDAY, NOVEMBER 10, 1998

PLACE OF HEARING:          TORONTO, ONTARIO

REASONS FOR JUDGMENT AND

JUDGMENT BY:              BLAIS, J.

DATED:                  TUESDAY, NOVEMBER 10, 1998

APPEARANCES:              Mr. Soumen Sarkar

                         For the Appellant

                     Mr. Peter K. Large

                         Amicus Curiae

SOLICITORS OF RECORD:      Soumen Sarkar

                     111 Davisville Avenue

                     Apartment #1214

                     Toronto, Ontario

M4S 1G5

                         For the Appellant

                     Peter K. Large

                     610-372 Bay Street

                     Toronto, Ontario

                     M5H 2W9

                         Amicus Curiae

                     FEDERAL COURT OF CANADA

     Date: 19981110

                         Docket: T-2456-97

                    

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

                    

                     SOUMEN SARKAR

    

                                             Appellant

                    

                     REASONS FOR JUDGMENT AND JUDGMENT