Campbell, Re, (1986) 5 F.T.R. 246 (TD)

• Judge: McNair, J.
• Court: Federal Court (Canada)
• Case Date: February 20, 1985
• Jurisdiction: Canada (Federal)
• Citations: (1986), 5 F.T.R. 246 (TD)

Campbell, Re (1986), 5 F.T.R. 246 (TD)

MLB headnote and full text

Re Lucienne Campbell

(T-2284-84)

Indexed As: Campbell, Re

Federal Court of Canada

Trial Division

McNair, J.

March 7, 1986.

Summary:

A permanent resident applied for Canadian citizenship. A citizenship judge dismissed the application. The permanent resident appealed.

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

Aliens - Topic 2525

Naturalization - Qualifications - Residence - Effect of absence from country - The Federal Court of Canada, Trial Division, held that where a person was admitted to Canada as a permanent resident but left for extended periods (to accompany her Canadian husband in the course of his employment), there was no loss of permanent residence status, in the absence of a clear intention to abandon it - Accordingly, time spent abroad can and should count towards the accumulated number of days of residency required under s. 5(1)(b) of the Citizenship Act - See paragraph 8.

Cases Noticed:

Secretary of State of Canada and Abi-Zeid, Re (1983), 4 D.L.R.(4th) 664, appld. [para. 4].

Stafford, Re, 97 D.L.R.(3d) 499, refd to. [para. 7].

Roberts, Re (1978), 92 D.L.R.(3d) 76, appld. [para. 8].

Statutes Noticed:

Immigration Act, S.C. 1976-77, c. 52, sect. 24 [para. 8].

Citizenship Act, S.C. 1974-75-76, c. 108, sect. 5(1)(b) [para. 8].

Counsel:

Mario Mannarino, for the appellant;

Stuart E. Hendin, amicus curiae.

Solicitors of Record:

Fraser and Associates, Ottawa, Ontario, for the appellant;

Hendin & Hendin, Ottawa, Ontario, amicus curiae.

This appeal was heard before McNair, J., of the Federal Court of Canada, Trial Division, at Ottawa, Ontario, on February 20, 1985. The decision of McNair, J., was delivered on March 7, 1986.