T-2292-95
OTTAWA, ONTARIO, THIS 3rd DAY OF
FEBRUARY 1997
PRESENT: THE HONOURABLE MR. JUSTICE
JOYAL
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
SEKOU
SISSAKO,
Appellant.
J
U D G M E N T
The appellant's
appeal is allowed. He is therefore entitled to Canadian citizenship.
L.
Marcel Joyal
JUDGE
Certified true translation
C. Delon, LL.L.
T-2292-95
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
SEKOU
SISSAKO,
Appellant.
REASONS
FOR JUDGMENT
JOYAL J.
The appellant
has appealed from the decision of a Citizenship judge holding that the
appellant was unable to meet the requirement set out in paragraph 5(1)(c)
of the Citizenship Act. That provision requires a period of a least
three years' residence in Canada during the four years immediately preceding
the date of the citizenship application.
The Citizenship
judge did say in her judgment that in her interview with the appellant she had
expressed doubts as to his periods of residence and absence in recent years.
In addition to the periods of absence, the appellant had no more or less
permanent residence, which led the judge to conclude that the appellant had not
really demonstrated a lifestyle or conduct that might indicate serious ties to
Canada or an obvious desire to make Canada his principal residence. In view of
the evidence before the judge, her decision may be said to be sound.
On appeal, the
appellant submitted additional evidence to satisfy the Court to the contrary.
I share the opinion of the amicus curiae that, based on this new
evidence, the Court may allow the appeal and find that the appellant is
entitled to citizenship.
L.
Marcel Joyal
JUDGE
O T T A W A, Ontario
February 3, 1997.
Certified true translation
C. Delon, LL.L.
FEDERAL
COURT OF CANADA
TRIAL
DIVISION
NAMES OF
COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-2292-95
STYLE OF CAUSE: CITIZENSHIP
ACT
AND
SEKOU
SISSAKO
PLACE OF HEARING: MONTRÉAL,
QUEBEC
DATE OF HEARING: JANUARY
28, 1997
REASONS FOR JUDGMENT OF JOYAL J. DATED
FEBRUARY 3, 1997
APPEARANCES:
SEKOU SISSAKO APPELLANT
JEAN CAUMARTIN AMICUS
CURIAE
SOLICITORS OF RECORD:
JEAN CAUMARTIN AMICUS
CURIAE
MONTRÉAL, QUEBEC
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