Canada (Citizenship and Immigration) v. Bano
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Canada (Citizenship and Immigration) v. Bano Court (s) Database Federal Court Decisions Date 2008-09-09 Neutral citation 2008 FC 1010 File numbers T-643-08 Decision Content Date: 20080909 Docket: T-643-08 Citation: 2008 FC 1010 Toronto, Ontario, September 9, 2008 PRESENT: The Honourable Louis S. Tannenbaum BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Applicant and RUQIA BANO Respondent REASONS FOR ORDER AND ORDER [1] It is uncontested that the respondent was absent for a two-year single period prior to the application for citizenship, as noted by the citizenship judge when he indicated “732 days out” and “728 days in” in answer to question number four of his decision and notice to the Minister. [2] The respondent was therefore short 367 days (1095 being required) of residence during the period specified in sec. 5 (1) (c) of the Citizenship Act. There is absolutely no reason given by the judge for finding deemed residence notwithstanding what is to be considered an “extensive” absence during the required period (sec. 5 (1) (c)) set forth in the Act. In my view this constitutes an error of law, and is a sufficient reason to quash and annul the decision. ORDER THIS COURT ORDERS that for the reasons given, the decision of Judge Robert Morrow dated October 20, 2006, is annulled for all purposes. “Louis S. Tannenbaum” Deputy Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-643-08 STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION v. RUQIA BANO PLACE OF HEARING: T…
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Canada (Citizenship and Immigration) v. Bano Court (s) Database Federal Court Decisions Date 2008-09-09 Neutral citation 2008 FC 1010 File numbers T-643-08 Decision Content Date: 20080909 Docket: T-643-08 Citation: 2008 FC 1010 Toronto, Ontario, September 9, 2008 PRESENT: The Honourable Louis S. Tannenbaum BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Applicant and RUQIA BANO Respondent REASONS FOR ORDER AND ORDER [1] It is uncontested that the respondent was absent for a two-year single period prior to the application for citizenship, as noted by the citizenship judge when he indicated “732 days out” and “728 days in” in answer to question number four of his decision and notice to the Minister. [2] The respondent was therefore short 367 days (1095 being required) of residence during the period specified in sec. 5 (1) (c) of the Citizenship Act. There is absolutely no reason given by the judge for finding deemed residence notwithstanding what is to be considered an “extensive” absence during the required period (sec. 5 (1) (c)) set forth in the Act. In my view this constitutes an error of law, and is a sufficient reason to quash and annul the decision. ORDER THIS COURT ORDERS that for the reasons given, the decision of Judge Robert Morrow dated October 20, 2006, is annulled for all purposes. “Louis S. Tannenbaum” Deputy Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-643-08 STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION v. RUQIA BANO PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: September 9, 2008 REASONS FOR ORDER AND ORDER: TANNENBAUM D.J. DATED: September 9, 2008 APPEARANCES: Sally Thomas FOR THE APPLICANT No Appearance FOR THE RESPONDENT (SELF-REPRESENTED) SOLICITORS OF RECORD: JOHN H. SIMS, Q.C. Deputy Attorney General of Canada FOR THE APPLICANT RUQIA BANO Windsor, Ontario FOR THE RESPONDENT (SELF-REPRESENTED)
Source: decisions.fct-cf.gc.ca
Démocratie en surveillance c. Canada (Procureur général)
2024 CAF 158