Federal Court Decisions

Decision Information

Decision Content

           

Date: 20010427

Docket: T-1610-00

Neutral citation: 2001 FCT 407

Between:

                                                EZZAT CHATTA

                                                                                                             Applicant

                                                         - and -

                      MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                           

Respondent

REASONS FOR ORDER AND ORDER

TREMBLAY-LAMER J.:

[1]                 Notwithstanding Ms. Paris's argument, I am not satisfied that the citizenship judge committed an error that would warrant my intervention. The citizenship judge found that the applicant was not credible. Her reasons for decision identify numerous contradictions and facts that are inconsistent with the applicant's claim that he was physically resident in Canada for longer than the required 1,095 days. That finding was fully supported by the evidence in the case.


[2]                 The applicant further argued that the citizenship judge erred by having regard to events that took place after the period covered by the citizenship application. I do not share that view. I am satisfied that those facts were relevant in determining the applicant's credibility.

[3]                 On the question of delay, the applicant failed to establish that he had been prevented in any way from preserving evidence or that he had been prejudiced by the time that elapsed between the filing of his application and the time he was called for interview. Here again, there is no ground for intervention.

[4]                 The appeal is therefore dismissed.

                                                                                                                Danièle Tremblay-Lamer

    JUDGE

OTTAWA, ONTARIO

April 27, 2001

Certified true translation

Sophie Debbané, LL.B.


FEDERAL COURT OF CANADA

TRIAL DIVISION

                       NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO:                       T-1610-00                    

STYLE OF CAUSE:                    Ezzat Chatta

    - and-

Minister of Citizenship and Immigration

PLACE OF HEARING:             Montréal, Quebec

DATE OF HEARING:                 April 26, 2001

REASONS FOR ORDER AND ORDER OF Tremblay-Lamer J.

DATED:                                        April 27, 2001

APPEARANCES:                        

Myriam Paris                                                                            FOR THE APPLICANT

Greg Moore                                                                            FOR THE RESPONDENT

SOLICITORS OF RECORD:

Myriam Paris

Montréal, Quebec                                                     FOR THE APPLICANT

Morris Rosenberg                          

Deputy Attorney General

of Canada                                                                FOR THE RESPONDENT

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