de Carolis, Re, (1993) 65 F.T.R. 3 (TD)

JudgeRothstein, J.
CourtFederal Court (Canada)
Case DateJune 16, 1993
JurisdictionCanada (Federal)
Citations(1993), 65 F.T.R. 3 (TD)

de Carolis, Re (1993), 65 F.T.R. 3 (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 Vincenzo de Carolis (appellant).

(T-2291-92)

Indexed As: de Carolis, Re

Federal Court of Canada

Trial Division

Rothstein, J.

June 16, 1993.

Summary:

de Carolis was denied citizenship for noncompliance with the residency require­ment of s. 5(1)(c) of the Citizenship Act. de Carolis appealed.

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

Aliens - Topic 2525

Naturalization - Qualifications - Resi­dence - de Carolis came to Canada in 1963 from Italy with his wife and son - Until 1984, he remained continuously in Canada - In 1984, when his ailing parents returned to Italy, de Carolis and his family commenced a pattern of frequent returns to Italy to care for them - Accordingly, in the four year period preceding his citizen­ship application, de Carolis was physically present in Canada for only 628 of the 1095 days required under s. 5(1)(c) of the Citi­zenship Act - The Federal Court of Canada, Trial Division, set aside the dis­missal of his citizenship application for noncompliance with the residency require­ment - Physical absence from Canada to care for an ailing relative was not to be counted against de Carolis, where he had, in mind and fact, maintained his ordinary mode of living in Canada.

Cases Noticed:

Papadogiorgakis, Re, [1978] 2 F.C. 208 (C.A.), refd to. [para. 9].

Statutes Noticed:

Citizenship Act, R.S.C. 1985, c. C-29, sect. 5(1)(c) [para. 11].

Counsel:

David Lunney, for the appellant;

Loree Young, amicus curiae.

Solicitors of Record:

Devlin, Jones, Vancouver, B.C., for the appellant;

Bull, Housser & Tupper, Vancouver, B.C., amicus curiae.

This appeal was heard on June 16, 1993, at Vancouver, B.C., before Rothstein, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment orally on June 16, 1993.

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