Date: 20001219
Docket: T-1594-99
OTTAWA, ONTARIO, DECEMBER 19, 2000
BEFORE: J.E. DUBÉ J.
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Plaintiff
- and -
NAZAM HALAOUI
Defendant
ORDER
The appeal by the Minister of Citizenship and Immigration is dismissed.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20001219
Docket: T-1594-99
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Plaintiff
- and -
NAZAM HALAOUI
Defendant
REASONS FOR ORDER
DUBÉ J.
[1] The Court has before it an appeal by the Minister pursuant to s. 14(5) of the Citizenship Act ("the Act") from a decision by a citizenship judge on July 12, 1999 granting the defendant citizenship.
1. Facts
[2] On January 18, 1992 the defendant arrived in Canada and obtained permanent resident status on December 26 of that year. On July 24, 1998 he filed an application for citizenship indicating inter alia that in the four preceding years he had made several trips abroad.
[3] On July 12, 1999 the citizenship judge nevertheless granted him citizenship on the ground that the research work done by the defendant, his current contract signed with the University of Quebec in Montréal in 1997 and his research work for the University of Montréal since 1992 justified his absences in Africa where he took part in study seminars.
2. Point at issue
[4] Did the citizenship judge err in concluding that the defendant met the requirements of s. 5(1)(c) of the Act?
3. Analysis
[5] In Papadogiorgakis[1] Thurlow C.J., as he then was, clearly established that the term "residence" used in s. 5(1)(c) of the Act does not require continuous physical presence in Canada, provided the person in question has clearly established his residence and centralised his ordinary mode of living in this country.
[6] The facts showed that the plaintiff established his residence in Montréal with his wife in 1992. He is a specialist in African affairs and, as such, was hired by the University of Quebec at Montréal (UQAM) and by the Canadian International Development Agency (CIDA) to head up projects on education in black Africa. The very nature of his duties required him to go to Africa frequently, while maintaining his connection with the Canadian university community. He paid his taxes in Canada, maintained a bank account here and had no residence anywhere in the world but in Montréal.
[7] In view of the fact that the Canadian government, through CIDA, hired the plaintiff as a specialist on black Africa, the latter clearly could not perform his duties while remaining in Canada physically and continuously for three of the four years preceding his citizenship application.
[8] Moreover, the citizenship judge clearly understood this in his decision, as follows:
[TRANSLATION]
Based on the research this person is doing and in light of his current contract, which was signed with the UQAM in 1997 and his research work done for the University of Montréal since 1992 - justify his absences for participation in research and study seminars.
[9] Accordingly, this appeal by the Minister of Citizenship and Immigration cannot be allowed.
OTTAWA, Ontario
December 19, 2000
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT No.: T-1594-99
STYLE OF CAUSE: The Minister of Citizenship and Immigration v. Nazam Halaoui
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: December 11, 2000
REASONS FOR ORDER BY: Dubé J.
DATED: December 19, 2000
APPEARANCES:
Marie-Claude Demers FOR THE PLAINTIFF
Nazam Halaoui FOR HIMSELF
SOLICITORS OF RECORD:
Morris Rosenberg FOR THE PLAINTIFF
Deputy Attorney General of Canada
Ottawa, Ontario
Nazam Halaoui FOR HIMSELF
Montréal, Quebec
[1] [1978] 2 F.C. 208 (F.C.).
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