Kassem, Re, (1994) 81 F.T.R. 122 (TD)

• Judge: Dubé, J.
• Court: Federal Court (Canada)
• Case Date: May 10, 1994
• Jurisdiction: Canada (Federal)
• Citations: (1994), 81 F.T.R. 122 (TD)

Kassem, Re (1994), 81 F.T.R. 122 (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 Taleb Mohamad Kassem (appellant).

(T-714-93)

Indexed As: Kassem, Re

Federal Court of Canada

Trial Division

Dubé, J.

May 16, 1994.

Summary:

A citizenship judge rejected Kassem's citizenship application on the ground that he had not satisfied the residency requirements under s. 5(1)(c) of the Citizenship Act, because, inter alia, he had been absent from Canada for 787 days between January 1989 and May 1992. Kassem appealed.

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

Aliens - Topic 2525

Naturalization - Qualifications - Residence - Kassem arrived in Canada from the United Arab Emirates in January 1989 - His wife and children arrived in May 1989 - The wife purchased a house in Pierrefonds, Quebec, where the family resided ever since - His family was granted Canadian citizenship - Kassem could not find employment and continued to work in his country of origin to support his family - He was absent from Canada 787 days between January 1989 and May 1992 - The Federal Court of Canada, Trial Division, held that Kassem met most of the criteria essential to residency under the Citizenship Act, where, he established a "pied-à-terre" at Pierrefonds where his family belonged to the community, his absences were justified and his intention to live in Canada full time was credible.

Cases Noticed:

Chien, Re (1992), 51 F.T.R. 317 (T.D.), refd to. [para. 7].

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

Ferreira, Re (1992), 55 F.T.R. 294 (T.D.), refd to. [para. 7].

Campbell, Re (1986), 5 F.T.R. 246 (T.D.), refd to. [para. 7].

Statutes Noticed:

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

Counsel:

Nizar Zakka, for the appellant;

Jean Caumartin, amicus curiae.

Solicitors of Record:

Jean Caumartin, Montréal, Quebec, amicus curiae.

This appeal was heard on May 10, 1994, at Montréal, Quebec, before Dubé, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on May 16, 1994.