Date: 19990709
Docket: T-2358-98
Between:
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Applicant
- and -
N'SIRA TOURE
Respondent
Hearing held at Québec, Quebec, the 9th day of July 1999
Order made at Québec, Quebec, the 9th day of July 1999
REASONS FOR ORDER BY: NADON J.
Date: 19990709
Docket: T-2358-98
Between:
MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
- and -
N'SIRA TOURE
Respondent
REASONS FOR ORDER AND ORDER
NADON J.
[1] Pursuant to subsection 14(5) of the Citizenship Act (the Act), the applicant is appealing from the decision of Judge Pageau, who found that the respondent met the residence requirements of paragraph 5(1)(c) of the Act.
[2] The respondent, a permanent resident, filed a citizenship application on October 3, 1997. Between October 1993 and October 1997, the respondent was physically in Canada for only 119 days, which means that she spent 1,342 days abroad.
[3] Paragraph 5(1)(c) of the Act provides that a person applying for Canadian citizenship must have accumulated at least three years of residence in Canada within the four years immediately preceding the date of his or her application for citizenship. There is no doubt that the respondent does not meet the requirement of paragraph 5(1)(c) of the Act.
[4] For the reasons I set out in Re Afandi (November 6, 1998) T-2476-97, Judge Pageau"s decision cannot be upheld. Accordingly, the appeal by the Minister of Citizenship and Immigration is allowed and Judge Pageau"s judgment is set aside.
Marc Nadon
Judge
Québec, Quebec
July 9, 1999
Certified true translation
M. Iveson
FEDERAL COURT - TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: T-2358-98
STYLE OF CAUSE: MINISTER OF CITIZENSHIP
AND IMMIGRATION
Applicant
AND:
N"SIRA TOURE
Respondent
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: July 9, 1999
REASONS FOR ORDER
OF THE COURT BY: The Honourable Mr. Justice Nadon
DATED: July 9, 1999
APPEARANCES:
Daniel Latulippe for the applicant
N"Sira Toure (on her own behalf) for the respondent
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General
of Canada for the applicant
N"Sira Toure (on her own behalf)
Pont-rouge (Québec) for the respondent
FEDERAL COURT - TRIAL DIVISION
Date: 19990709
Docket: T-2358-98
Between:
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Applicant
and
N"SIRA TOURE
Respondent
REASONS FOR ORDER
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