T-1300-96
OTTAWA, ONTARIO, THIS 27th DAY OF OCTOBER 1997
PRESENT: MR. JUSTICE DUBÉ
BETWEEN:
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
HASSAN ANEBARCHE,
Appellant.
J U D G M E N T
The appeal is allowed.
Judge
Certified true translation
C. Delon, LL.L.
T-1300-96
BETWEEN:
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
HASSAN ANEBARCHE,
Appellant.
REASONS FOR JUDGMENT
DUBÉ J.:
The appellant's application for citizenship was refused by the Citizenship judge on the ground that he did not meet the requirements of subsection 5(1) of the Act, and more precisely that he had not established that he had resided in Canada during 1992.
On appeal from that decision, he filed a document corroborating the fact that during the period in question he resided at 1699 Rachel Est, Montréal, Quebec. Since a citizenship appeal is a trial de novo, it was open to him to introduce that evidence. The document in question is a claim in respect of non-payment of rent issued by the Régie du Logement of the Government of Quebec dated February 23, 1993, relating to the period between February 1, 1992 and June 3, 1992. Thereafter, the appellant has lived in the Montréal region continuously until today, with the exception of 94 days when he was out of the country.
The appellant therefore meets the requirements of paragraph 5(1)(c) of the Act, which provides that a person applying for 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.
Accordingly, this appeal is allowed.
O T T A W A
October 27, 1997
Judge
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-1300-96
STYLE OF CAUSE: Citizenship v. Hassan Anebarche
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 21, 1997
REASONS FOR JUDGMENT OF DUBÉ J.
DATED: October 27, 1997
APPEARANCES:
Isabelle Montpetit FOR THE APPELLANT
Jean Caumartin FOR THE AMICUS CURIAE
SOLICITORS OF RECORD:
Alepin Gauthier
Laval, Quebec FOR THE APPELLANT
Jean Caumartin
Montréal, Quebec FOR THE AMICUS CURIA
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