Canada (Minister of Citizenship and Immigration) v. Tennant, docket T-1987-99

Date: 20000621

Docket: T-1987-99

BETWEEN:

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Applicant

     - and -

     DORIS TENNANT

     Respondent

     REASONS FOR ORDER

(Delivered from the Bench at Toronto, Ontario

on Wednesday, June 21, 2000)

REED J.:

[1]          I have been persuaded that the citizenship judge"s decision must be set aside. The evidence does not support the conclusion that the respondent centralized her mode of living in Canada. She comes to Canada for extensive periods of time (approximately one-half of each year) to stay with her daughter and help look after her grandchildren.

[2]          However, she has more substantial ties, with Jamaica, where she lives for the other half of each year, where another daughter lives, and where the applicant"s husband lives; he runs a farm there.

[3]          The citizenship judge appears to have relied on the fact that the applicant sings in a church choir in Canada and has many friends here as sufficient to support his conclusion that the applicant had centralized her mode of living here. He relied on that evidence to support a conclusion that her absences to Jamaica were temporary and, therefore, those absences should be counted as presence within Canada for the purpose of satisfying the residence requirements of the Citizenship Act. The evidence is insufficient to support those conclusions.

[4]          As indicated, the evidence on the face of the record, and as described in the citizenship judge"s reasons for his decision, do not support the conclusion that was reached.

[5]          I must therefore allow this appeal.

                                         "B. Reed"     

                                

                                         J.F.C.C.

TORONTO, ONTARIO

June 21, 2000

FEDERAL COURT OF CANADA

                    

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-1987-99

STYLE OF CAUSE:                      THE MINISTER OF CITIZENSHIP

                             AND IMMIGRATION

    

- and -

DORIS TENNANT

DATE OF HEARING:                  WEDNESDAY, JUNE 21, 2000

                            

PLACE OF HEARING:                  TORONTO, ONTARIO

REASONS FOR ORDER BY:              REED J.

DELIVERED AT TORONTO, ONTARIO ON WEDNESDAY, JUNE 21, 2000

APPEARANCES:                      Mr. James Brender

                                 For the Applicant

                             Ms. Doris Tennant

For the Respondent, on her own behalf

        

SOLICITORS OF RECORD:              Morris Rosenberg

                             Deputy Attorney General of Canada         

For the Applicant

                                                

                              Ms. Doris Tennant

                             One Pipestone Place

                             Toronto, Ontario

                             M9W 3V4

                                

For the Respondent, on her own behalf

        

                             FEDERAL COURT OF CANADA

                                 Date: 20000621

                        

         Docket: IMM-1987-99

                             Between:

THE MINISTER OF CITIZENSHIP

                             AND IMMIGRATION

     Applicant

                             - and -

DORIS TENNANT

                        

     Respondent

                    

                            

        

REASONS FOR ORDER