Bauer, Re, (1976) 10 N.R. 93 (FCTD)

• Judge: Addy, J.
• Court: Federal Court (Canada)
• Case Date: April 27, 1976
• Jurisdiction: Canada (Federal)
• Citations: (1976), 10 N.R. 93 (FCTD)

Bauer, Re (1976), 10 N.R. 93 (FCTD)

MLB headnote and full text

Re Bauer

Indexed As: Bauer, Re

Federal Court of Canada,

Trial Division

Citizenship Appeal Court

Addy, J.

May 17, 1976.

Summary:

This headnote contains no summary.

Aliens - Topic 2525

Naturalization - Qualifications - Residence in Canada - Canadian Citizenship Act, R.S.C. 1970, c. C-19, s. 10(1)(b), which required residence in Canada for at least 12 of the 18 months immediately preceding application - Applicant resided in Canada from 1960 to 1972 as a landed immigrant - From 1972, however, his work for his Canadian employer required him to live abroad most of the time, although his wife and family remained in Canada at his home - Federal Court of Canada held that "resided in Canada" in section 10(1)(b) of the Canadian Citizenship Act meant actual physical residence and that the applicant did not qualify under the section.

Statutes Noticed:

Canadian Citizenship Act, R.S.C. 1970, c. C-19, sect. 10(1)(b) [para. 2]; sect. 2 [para. 6].

Divorce Act, R.S.C. 1970, c. D-8, sect. 5(1)(b) [para. 6].

Counsel:

Klaus Bauer, for the appellant;

Lance Evans, Amicus Curiae.

This appeal from a decision of the Court of Canadian Citizenship was heard at Toronto, Ontario, on April 27, 1976, before ADDY, J., of the Federal Court of Canada, Trial Division, Citizenship Appeal Court. On May 17, 1976, ADDY, J., delivered the following judgment: