Canada Immigration Case law Canada, Al Askari, CITIZENSHIP — Qualifications — Residence

Judgement for this Case: Click here!

CITIZENSHIP — Qualifications — Residence — Applicant was born in 1989 in Abu Dhabi, United Arab Emirates and became permanent resident of Canada on July 8, 2004 — Applicant filed application for citizenship on June 8, 2011 — Therefore, relevant time period for purposes of determining residency under Citizenship Act (Can.), was from June 2007 to June 2011 — Citizenship judge refused applicant’s application on basis that applicant failed to meet residency requirements for applicable four-year period — Applicant applied for judicial review of decision — Application dismissed — Applicant was required to demonstrate at least 1,095 days of physical presence in Canada within four-year period — Citizenship judge ultimately found that applicant’s evidence lacked clarity, credibility, and was overall ambiguous, which led her to conclude that applicant failed to meet his burden of establishing his physical presence in Canada for relevant time period — Applicant’s submissions that citizenship judge made mathematical or calculation errors amounted to disagreement with citizenship judge’s weighing of evidence and failed to demonstrate reviewable error