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