Chatta v. Canada (Minister of Citizenship and Immigration)
Court headnote
Chatta v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-04-27 Neutral citation 2001 FCT 407 File numbers T-1610-00 Decision Content Date: 20010427 Docket: T-1610-00 Neutral citation: 2001 FCT 407 Between: EZZAT CHATTA Applicant - and - MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER TREMBLAY-LAMER J.: [1] Notwithstanding Ms. Paris's argument, I am not satisfied that the citizenship judge committed an error that would warrant my intervention. The citizenship judge found that the applicant was not credible. Her reasons for decision identify numerous contradictions and facts that are inconsistent with the applicant's claim that he was physically resident in Canada for longer than the required 1,095 days. That finding was fully supported by the evidence in the case. [2] The applicant further argued that the citizenship judge erred by having regard to events that took place after the period covered by the citizenship application. I do not share that view. I am satisfied that those facts were relevant in determining the applicant's credibility. [3] On the question of delay, the applicant failed to establish that he had been prevented in any way from preserving evidence or that he had been prejudiced by the time that elapsed between the filing of his application and the time he was called for interview. Here again, there is no ground for intervention. [4] The appeal is therefore dismissed. Danièle…
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Chatta v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-04-27 Neutral citation 2001 FCT 407 File numbers T-1610-00 Decision Content Date: 20010427 Docket: T-1610-00 Neutral citation: 2001 FCT 407 Between: EZZAT CHATTA Applicant - and - MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER TREMBLAY-LAMER J.: [1] Notwithstanding Ms. Paris's argument, I am not satisfied that the citizenship judge committed an error that would warrant my intervention. The citizenship judge found that the applicant was not credible. Her reasons for decision identify numerous contradictions and facts that are inconsistent with the applicant's claim that he was physically resident in Canada for longer than the required 1,095 days. That finding was fully supported by the evidence in the case. [2] The applicant further argued that the citizenship judge erred by having regard to events that took place after the period covered by the citizenship application. I do not share that view. I am satisfied that those facts were relevant in determining the applicant's credibility. [3] On the question of delay, the applicant failed to establish that he had been prevented in any way from preserving evidence or that he had been prejudiced by the time that elapsed between the filing of his application and the time he was called for interview. Here again, there is no ground for intervention. [4] The appeal is therefore dismissed. Danièle Tremblay-Lamer JUDGE OTTAWA, ONTARIO April 27, 2001 Certified true translation Sophie Debbané, LL.B. FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO: T-1610-00 STYLE OF CAUSE: Ezzat Chatta - and- Minister of Citizenship and Immigration PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: April 26, 2001 REASONS FOR ORDER AND ORDER OF Tremblay-Lamer J. DATED: April 27, 2001 APPEARANCES: Myriam Paris FOR THE APPLICANT Greg Moore FOR THE RESPONDENT SOLICITORS OF RECORD: Myriam Paris Montréal, Quebec FOR THE APPLICANT Morris Rosenberg Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca