Date: 19980526
Docket: T-1254-97
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
MICHAIL FOSTIERIS KARORIS
Appellant
JUDGMENT AND REASONS FOR JUDGMENT
TEITELBAUM, J.
[1] I have no hesitation in allowing the present appeal. The appellant came to Canada on November 24, 1991. He became a landed immigrant on March 2, 1993. On April 1, 1993 he left Canada because of an emergency, his father was ill, went to Greece and returned to Canada some 29 days later. On December 5, 1993 he left Canada for Greece and returned on March 10, 1994, some 95 days later. He then left to, again, go to Greece on August 2, 1994 and returned on November 24, 1994, 114 days absent, and then left again to Greece on March 25, 1995 and returned on September 19, 1995.
[2] The Appellant applied for Citizenship on December 4, 1995.
[3] The Appellant is married to a Canadian born wife and has two children, both Canadian.
[4] The Appellant, from his date of marriage to the present date resides with his father-in-law. This is confirmed by his father-in-law"s affidavit. He was also present in Court for the hearing before me.
[5] I am satisfied from the evidence of the Appellant and from his father-in-law"s affidavit that the Appellant had always resided in Canada for the required period according to the law taking into account the fact that the Appellant has been in Canada since November 24, 1991.
[6] The appeal is allowed and the Appellant should be granted his Canadian Citizenship.
Max M. Teitelbaum
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19980526
Docket: T-1254-97
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
MICHAIL FOSTIERIS KARORIS
Appellant
JUDGMENT
AND REASONS FOR JUDGMENT
[7]
FEDERAL COURT OF CANADA
TRIAL DIVISION DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-1254-97
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
MICHAIL FOSTIERIS KARORIS Appellant
PLACE OF HEARING: Montreal (Quebec)
DATE OF HEARING: May 26, 1998
REASONS FOR JUDGMENT OF TEITELBAUM, J.
DATED: May 26, 1998
APPEARANCES:
Mr. Constantine B. Canellopoulos Representative of Appellant
Mr. Jean Caumartin Amicus Curiae
SOLICITORS OF RECORD:
Mr. Jean Caumartin
Montreal (Quebec) Amicus Curiae
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