THE MINISTER OF CITIZENSHIP v. IMMIGRATION, 2011 FC 450

Federal Court Cour fédérale Date: 20110412 Docket: T-1538-10 Citation: 2011 FC 450 Toronto, Ontario , April 12, 2011 PRESENT: The Honourable Mr. Justice Hughes BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Applicant and MARTIN CHRISTOPHER NOEL BRITTON Respondent REASONS FOR JUDGMENT AND JUDGMENT [ 1 ] This is an appeal taken by the Minister of Citizenship and Immigration from a decision of a Citizenship Judge, R. Gill, dated July 28, 2010, approving the application of the Respondent Martin Christopher Noel Britton for Canadian citizenship.

The Minister has appeared in this appeal and filed the affidavit of Cheryl Sleep which included, as an exhibit, a certified copy of the record before the Citizenship Judge. The Respondent Britton did appear at the hearing, however he did not file an Appearance , nor did he file any evidence or written submissions prior to the hearing. [ 2 ] The record shows that Britton spent a total of only 600 days in Canada in the four years preceding his application and the rest outside Canada . He was short 495 days of the required 1,095 days.

Clearly the Citizenship Judge was required to reject the application or, at the very least, require clear and convincing evidence on the record before the Citizenship Judge as to the justification for the substantial absence from Canada . [ 3 ] The Citizenship Judge​s notes made on the standard form ​Approval Synopsis​ make reference to the applicant​s (Britton​

s) wife and children all being Canadian citizens, that he owns a home in Canada (the only evidence is a document reflecting a mortgage on an unidentified parcel of land taken by Margaret Ann Britton and guaranteed by the applicant), that the applicant works on constructions projects in the Bahamas to provide for his family and returns every chance he gets. Except for a connection to a mortgage as guarantor, none of these findings is substantiated by anything in the record. The record contains a copy of Britton​s passport showing lengthy sojourns to Bermuda and the Bahamas .

There are, for instance, no tax returns or other documents evidencing a real and substantial connection to Canada in the record before the Citizenship Judge. [ 4 ] Given the lack of evidence, the determination made by the Citizenship Judge that Britton had established residence in Canada was clearly unreasonable.

[ 5 ] The appeal is allowed, the decision of the Citizenship Judge is quashed and the matter is returned for redetermination by a different Judge. No costs were requested. JUDGMENT FOR THE REASONS PROVIDED: THIS COURT ADJUDGES that: 1. The appeal is allowed; 2. The decision of the Citizenship Judge dated July 28, 2010 allowing the Respondent​s application for Canadian citizenship is quashed; 3. The matter is sent back for redetermination by a different Citizenship Judge. "Roger T. Hughes" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-1538-10 STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION v.

MARTIN CHRISTOPHER NOEL BRITTON PLACE OF HEARING: TORONTO , ONTARIO DATE OF HEARING: APRIL 12, 2011 REASONS FOR JUDGMENT AND JUDGMENT BY: HUGHES J. DATED: APRIL 12, 2011

APPEARANCES : NEAL SAMSON FOR THE APPLICANT MARTIN CHRISTOPHER NOEL BRITTON FOR THE RESPONDENT (ON HIS OWN BEHALF) SOLICITORS OF RECORD : MYLES J. KIRVAN DEPUTY ATTORNEY GENERAL OF CANADA TORONTO, ONTARIO FOR THE APPLICANT N/A FOR THE RESPONDENT