Banerjee, Re, (1994) 85 F.T.R. 167 (TD)

• Judge: Dubé, J.
• Court: Federal Court (Canada)
• Case Date: September 12, 1994
• Jurisdiction: Canada (Federal)
• Citations: (1994), 85 F.T.R. 167 (TD)

Banerjee, Re (1994), 85 F.T.R. 167 (TD)

MLB headnote and full text

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 Ananda Banerjee (appellant).

(T-2365-93)

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 Sriparna Banerjee (appellant).

(T-2364-93)

Indexed As: Banerjee, Re

Federal Court of Canada

Trial Division

Dubé, J.

September 12, 1994.

Summary:

The Banerjees' application for citizenship was dismissed for noncompliance with the residency requirements of s. 5(1)(c) of the Citizenship Act. The Banerjees appealed.

The Federal Court of Canada, Trial Division, allowed the appeals.

Aliens - Topic 2525

Naturalization - Qualifications - Residence - Banerjee, an international business consultant with overseas clients, arrived in Canada with his wife in 1989 after having obtained landed immigrant status - He bought a house that served as the family home - He owned no real property elsewhere - He and his wife applied for citizenship - During the relevant time period, Banerjee was absent from Canada 866 days and his wife was absent 392 days, accompanying her husband and visiting family and friends - When Banerjee travelled abroad, he stayed in hotels or utility apartments - The Federal Court of Canada, Trial Division, held that Banerjee and his wife had achieved the necessary residential qualifications to become Canadian citizens.

Cases Noticed:

Papadogiorgakis, Re, [1978] 2 F.C. 208 (T.D.), refd to. [para. 8].

Chien, Re (1992), 51 F.T.R. 317 (T.D.), refd to. [para. 8].

Chan, Re (1988), 20 F.T.R. 147; 7 Imm. L.R.(2d) 157 (T.D.), refd to. [para. 8].

Ferreira, Re (1992), 55 F.T.R. 294 (T.D.), refd to. [para. 9].

Campbell, Re (1986), 5 F.T.R. 246 (T.D.), refd to. [para. 9].

Canada (Minister of State for Multiculturalism and Citizenship) v. Shanshal (1993), 62 F.T.R. 216 (T.D.), refd to. [para. 10].

Statutes Noticed:

Citizenship Act, R.S.C. 1985, c. C-29, sect. 5(1)(c) [paras. 1, 14].

Counsel:

Seti K. Hamalian, for the appellants;

Jean Caumartin, amicus curiae.

Solicitors of Record:

Lengvari, Braman & Assoc., Montreal, Quebec, for the appellants;

Jean Caumartin, Montreal, Quebec, amicus curiae.

These appeals were heard at Montreal, Quebec, on August 30, 1994, by Dubé, J., of the Federal Court of Canada, Trial Division.

Dubé, J., delivered the following decisions at Ottawa, Ontario, on September 12, 1994:

Appeal by Mr. Banerjee - see paragraphs 1 to 13;

Appeal by Mrs. Banerjee - see paragraphs 14 to 20.