Mayla, Re, (1996) 118 F.T.R. 100 (TD)

• Judge: Teitelbaum, J.
• Court: Federal Court (Canada)
• Case Date: July 15, 1996
• Jurisdiction: Canada (Federal)
• Citations: (1996), 118 F.T.R. 100 (TD)

Mayla, Re (1996), 118 F.T.R. 100 (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 Hanna Youssef Mayla (appellant)

(Court No. T-1871-95)

Indexed As: Mayla, Re

Federal Court of Canada

Trial Division

Teitelbaum, J.

July 24, 1996.

Summary:

Mayla was denied citizenship on the ground that he failed to meet the residency requirements of s. 5(1)(c) of the Citizenship Act. Mayla appealed.

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

Aliens - Topic 2525

Naturalization - Qualifications - Residence - Section 5(1)(c) of Citizenship Act required three years' accumulated residence in Canada in the four years proceeding the citizenship application - Mayla was denied citizenship because he had spent only 474 of the required 1095 days in Canada - Mayla (aged 65) appealed - Mayla claimed that the absence was temporary in nature - He could not find work in Canada after receiving landed immigrant status - However, he was offered work with a former employer in Yemen - It was for one specific project which had since been completed - Mayla's wife and two daughters had obtained Canadian citizenship - He owned the house in which his family resided - He had no intention of leaving Canada again - The Federal Court of Canada, Trial Division, allowed the appeal and recommended that Mayla be granted citizenship.

Cases Noticed:

Papadogiorgakis, Re, [1978] 2 F.C. 208 (T.D.), consd. [para. 11]

Koo, Re, [1993] 1 F.C. 286; 59 F.T.R. 27 (T.D.), consd. [para. 12].

Wang, Re (1996), 112 F.T.R. 73 (T.D.), consd. [para. 13].

Chan (A.C.W.), Re (1993), 70 F.T.R. 171 (T.D.), refd to. [para. 14].

Statutes Noticed:

Citizenship Act, R.S.C. 1985, c. C-29, sect. 5(1)(c) [para. 9].

Counsel:

Hanna Youssef Mayla, for the appellant;

Peter Large, amicus curiae.

Solicitors of Record:

Peter K. Large, Toronto, Ontario, amicus curiae.

This appeal was heard on July 15, 1996, at Toronto, Ontario, before Teitelbaum, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on July 24, 1996.