T-2188-95
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
GEORGE
BACHOURA,
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-2188-95
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
GEORGE
BACHOURA,
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,
but that he had not provided sufficient evidence to satisfy her that he met the
requirements of the Act.
As often
happens, counsel for the appellant then took over the case, and was able to
provide the Court with additional evidence of his client's establishment in
Canada at the hearing.
In my view, and
in the eyes of the amicus curiae, that additional evidence is such that
it satisfies the Court that the appellant's periods of absence are not such as
would create a reasonable doubt as to his establishment in Canada.
Accordingly,
with the agreement of the amicus curiae, I allow the appeal and declare
that the appellant is entitled to Canadian 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-2188-95
STYLE OF CAUSE: CITIZENSHIP
ACT
AND
GEORGE
BACHOURA
PLACE OF HEARING: MONTRÉAL,
QUEBEC
DATE OF HEARING: JANUARY
28, 1997
REASONS FOR JUDGMENT OF JOYAL J. DATED
FEBRUARY 3, 1997
APPEARANCES:
MARC CHÉNARD FOR
THE APPELLANT
JEAN CAUMARTIN AMICUS
CURIAE
SOLICITORS OF RECORD:
MARC CHÉNARD FOR
THE APPELLANT
MONTRÉAL, QUEBEC
JEAN CAUMARTIN AMICUS
CURIAE
MONTRÉAL, QUEBEC
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