Date: 19990426
Docket: T-2068-95
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
ROGER CASSIR
Appellant
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is an appeal from Citizenship Judge Gordana Caricevic Rakovich"s decision dated August 4, 1995, in which she refused to grant the appellant citizenship on the grounds that he did not meet the residence requirements of paragraph 5(1)(c ) of the Citizenship Act.
[2] The hearing was held at Montréal on Tuesday, April 13, 1999, and the Court examined Roger Cassir.
[3] On the basis of that examination, it was noted that not all of the days of presence in Canada in the years immediately preceding the application for citizenship had been recorded, and the appellant undertook to provide further documents to re-establish the periods of presence in Canada in the years immediately preceding his application.
[4] The appellant also undertook to provide further documents regarding his work, his personal income and the income of the company of which he is sole shareholder and director.
[5] Those documents were submitted to the Court within the allotted time.
[6] This is a de novo appeal, and in my view the appellant has shown that he met the residence requirements of paragraph 5(1)(c) of the Citizenship Act.
[7] The appeal is accordingly allowed.
Pierre Blais Judge
OTTAWA, ONTARIO
April 26, 1999
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-2068-95
STYLE OF CAUSE: Citizenship Act v. Roger Cassir
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 13, 1999
REASONS FOR ORDER
AND ORDER: of the Honourable Mr. Justice Blais
DATED: April 26, 1999
APPEARANCES:
Roger Cassir FOR THE APPELLANT
Acting on his own behalf
Jean Caumartin AMICUS CURIAE
SOLICITORS OF RECORD:
Jean Caumartin AMICUS CURIAE
Montréal, Quebec
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