Thaver (Re), docket T-1249-96

     T-1249-96

     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

     ATTEQA THAVER,

     Appellant.

     REASONS FOR JUDGMENT

RICHARD, J.:

     This is an appeal from the decision of the Citizenship Judge dated April 9, 1996 wherein the Judge did not approve the appellant's application for a grant of citizenship under subsection 5(1) of the Citizenship Act on the grounds that she did not meet the requirements of paragraphs 5(1)(c) and 5(1)(e) of the Act.

     The appellant entered Canada as a landed immigrant on July 20, 1990 accompanying her father. Her application for Canadian citizenship was made on December 16, 1994. During that period she was absent from Canada to complete studies in her chosen field in the United States. During that period she also attended a Canadian university.

     I am satisfied, on the evidence given before me, that the appellant did establish a residence in Canada, had the intent to return when she left temporarily and maintained her ties with Canada during her absences. She was married in 1994 and both she and her husband have a residence in Canada. In my view, she has centralized her mode of living in Canada and maintained her residence in Canada.

     I am also satisfied that she meets the requirements as set out in paragraph 5(1)(e) of the Act based on the answers she gave to the questions put to her by her counsel and the amicus curiae.

     Accordingly, the appeal is allowed.

                         "John D. Richard"

                             Judge

Toronto, Ontario

April 8, 1997

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                      T-1249-96

STYLE OF CAUSE:              CITIZENSHIP ACT

                         - and -

ATTEQA THAVER

DATE OF HEARING:              APRIL 8, 1997

PLACE OF HEARING:              TORONTO, ONTARIO

REASONS FOR JUDGEMENT BY:      RICHARD, J.

DATED:                      APRIL 8, 1997

APPEARANCES:

                         Mr. Stephen M. Green

                             For the Appellant

                         Mr. Peter K. Large

                             For the Amicus Curiae

                    

SOLICITORS OF RECORD:

                         Green and Spiegel

                         Barristers & Solicitors

                         Suite 2200

                         121 King Street West

                         Toronto, Ontario

                         M5H 3T9

                             For the Appellant

                         Peter K. Large

                         Barrister and Solicitor

                         Suite 610

                         372 Bay Street

                         Toronto, Ontario

                         M5H 2W9

                             For the Amicus Curiae

                     

                     FEDERAL COURT OF CANADA

                     Court No.:      T-1249-96

                     Between:

                     CITIZENSHIP ACT

    

                         - and -

                     ATTEQA THAVER

                                 Appellant

    

                     REASONS FOR JUDGMENT