Somnath v. Canada ( Minister of Multiculturism and Citizenship )
T-3057-93
MacKay J.
30/3/95
4 pp.
Statutory appeal from Citizenship Judge's decision appellant not meeting residency requirements for citizenship application -- Appellant, citizen of India, admitted to Canada for permanent residence under Business Immigration Program and applying for Canadian citizenship -- Appellant finding work as consultant in his specialty during period at issue; work taking him to Middle East locations -- Applicant 731 days short of three-year residence requirement within four years prior to citizenship application -- Appellant's absences temporary, related to short-term contract employment as consultant abroad, while opportunities in Canada limited -- Some employment on behalf of Canadian company -- Appellant and amicus curiae contending quality of applicant's residential ties to Canada, despite temporary absences abroad, such as to warrant satisfaction of Act, s. 5(1)(c) requirement -- Court finding appellant establishing residence in Canada for purposes of s. 5(1)(c) requirement prior to period at issue -- Renewed application not raising same concerns as appellant physically present in Canada since period at issue -- New evidence admissible in relation to residence subsequent to period at issue as appeal to this Court constituting trial de novo -- Absences not constituting cessation or interruption of continuing residence in Canada -- Appeal allowed -- Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).