Hasan v. Canada ( Minister of State, Multiculturalism and Citizenship )
T-2541-92
Cullen J.
2/9/93
8 pp.
Appeal from decision of Citizenship Judge requirement of residence under Citizenship Act, s. 5(1)(c) not met -- Between September 20, 1987 and September 20, 1991, appellant absent for 1458 days out of 1460 days, leaving her short 1093 days -- Changes made to Citizenship Act enabling individuals to qualify for residence status under s. 5(1)(c) although not physically in Canada or only there for short periods of time -- Appellant's husband and four children all Canadian citizens -- Husband employed by Bell Northern Research (BNR), living with appellant in Aylmer, Quebec until October 1978 -- Transferred to Bell Canada International (BCI) in Saudi Arabia in 1980 -- Appellant and family continuing to live in Saudi Arabia since then -- Bank accounts maintained in Canada-Income tax paid in Canada on investments there -- Property purchased in Nepean, Ontario and rented out until return -- Husband and wife members of Canadian organizations -- Husband active member of Canadian Businessmen -- Appellant and children travelling widely throughout Canada -- Relatives visited on each Canadian visit-Citizenship Judge wrong in finding no discernible ties with Canada -- Factors weighing heavily in appellant's favour -- Under circumstances, time appellant resided outside Canada should be taken into account in calculating three years of residence required under s. 5(1)(c) -- Appeal allowed -- Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).