Toronto, Ontario, September 9, 2008
PRESENT: The Honourable Louis S. Tannenbaum
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
and
RUQIA BANO
Respondent
REASONS FOR ORDER AND ORDER
[1] It is uncontested that the respondent was absent for a two-year single period prior to the application for citizenship, as noted by the citizenship judge when he indicated “732 days out” and “728 days in” in answer to question number four of his decision and notice to the Minister.
[2] The respondent was therefore short 367 days (1095 being required) of residence during the period specified in sec. 5 (1) (c) of the Citizenship Act. There is absolutely no reason given by the judge for finding deemed residence notwithstanding what is to be considered an “extensive” absence during the required period (sec. 5 (1) (c)) set forth in the Act. In my view this constitutes an error of law, and is a sufficient reason to quash and annul the decision.
ORDER
THIS COURT ORDERS that for the reasons given, the decision of Judge Robert Morrow dated October 20, 2006, is annulled for all purposes.
Deputy Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-643-08
STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION v. RUQIA BANO
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 9, 2008
APPEARANCES:
|
Sally Thomas |
FOR THE APPLICANT |
|
No Appearance
|
FOR THE RESPONDENT (SELF-REPRESENTED) |
SOLICITORS OF RECORD:
|
JOHN H. SIMS, Q.C. Deputy Attorney General of Canada |
FOR THE APPLICANT |
|
RUQIA BANO Windsor, Ontario |
FOR THE RESPONDENT (SELF-REPRESENTED) |