Muhammad, Re, (1975) 11 N.R. 582 (FC)

• Judge: Heald, J.
• Court: Federal Court (Canada)
• Case Date: December 17, 1975
• Jurisdiction: Canada (Federal)
• Citations: (1975), 11 N.R. 582 (FC)

Muhammad, Re (1975), 11 N.R. 582 (FC)

MLB headnote and full text

Re Muhammad

Indexed As: Muhammad, Re

Federal Court of Canada

Citizenship Appeal Court

Heald, J.

December 17, 1975.

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)(c)(i), which required that the applicant must have "resided in Canada" for a certain period of time - The applicant during the period was absent from Canada in the United States for three one day trips, two professional conventions and one camping trip - The Federal Court of Canada, Citizenship Appeal Court, held that the absences from Canada did not affect the applicant's residence in Canada.

Section 10(1)(c)(i) states as follows:

"10(1) The Minister may, in his discretion, grant a certificate of citizenship to any person who is not a Canadian citizen and who makes application for that purpose and satisfies the Court that ...

(c) the applicant has

(i) been lawfully admitted to Canada for permanent residence and has, since such admission, resided in Canada for at least five of the eight years immediately preceding the date of application, but for the purpose of this subparagraph, each full year of residence in Canada by the applicant prior to his lawful admission to Canada for permanent residence is deemed to be one-half year of residence in Canada within the eight-year period referred to in this subparagraph, ..."

Cases Noticed:

Blaha v. Minister of Citizenship and Immigration, [1971] F.C. 521, dist. [para. 7].

Re Laprade, [1974] F.C. 196, dist. [para. 12].

Re Goldstone, [1972] F.C. 559, dist. [para. 12].

Statutes Noticed:

Canadian Citizenship Act, R.S.C. 1970, c. c-19, sect. 10(1)(c)(i).

Counsel:

David W. Scott, for the appellant;

Paul D. Beseau, Amicus Curiae.

This case was heard on December 17, 1975, at Ottawa, Ontario, before Heald, J., of the Federal Court of Canada, Citizenship Appeal Court.

On December 17, 1975, Heald, J., delivered the following oral judgment: