T-770-96
IN THE MATTER OF THE CITIZENSHIP ACT,
R.S.C. 1985, chap. C-29
AND IN THE MATTER OF an appeal from the
decision of a Citizenship Judge
AND IN THE MATTER OF
KOON TAT CHIU
Appellant
JUDGMENT AND REASONS FOR JUDGMENT
NADON, J.
The Appellant, born in China on May 31, 1960, became a permanent resident of Canada on March 2, 1992.
In September of 1995 he filed an application to become a citizen of Canada. On November 24, 1995 the Appellant appeared before a Citizenship Judge ("the Judge") in connection with his citizenship application. On March 22, 1996 his application was denied by the Judge on the ground that he had failed to demonstrate that he had fulfilled the requirements of the Citizenship Act regarding "residence".
In her notice to the Minister of her decision regarding the Appellant, the Judge wrote the following:
| "Je doute fort de sa résidence au Canada. N'a pu fournir aucune preuve de résidence lors de l'entrevue". |
2
On April 3, 1996 the Appellant filed a Notice of Appeal of the Judge's decision on the following ground:
| "that the Judge requested documents as to proof of residence, but never gave the Applicant a date or time to produce them, as he told her that they were at home. |
| Such documents exist, and will be produced at the hearing." |
At the hearing before me, the Appellant produced a number of documents in support of his appeal, namely:
| 1. Lease for premises situated at 8990 Rivard, Brossard; |
| 2. Lease for premises situated at 1060 St.Laurent Boulevard, Montréal; |
| 3. Birth certificate of son; |
| 4. Income Tax Returns for 1993, 1994 and 1995, including assessment notices; |
| 5. Copy of bank book; |
| 6. Notice of Hearing to have Condition Released; |
| 7. Copies of corporate documents of the business, including payroll records, bank accounts, tax assessments, etc.; |
| 8. Copies of correspondence with Québec Immigration re Release of Condition; |
| 9. Copy of Immigration Record from Hong Kong showing no arrival or departure of Appellant from March 1992 to the end of December 1995. |
This appeal is a trial de novo. I am satisfied after hearing the Appellant and reviewing the documents produced by him during the hearing that he has satisfied the residency requirements of the Citizenship Act.
For these reasons, the Appellant's appeal shall be allowed.
Marc Nadon
Judge
Montréal, Québec
April 1st, 1997
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-770-96
| STYLE OF CAUSE: CITIZENSHIP ACT and KOON TAT CHIU |
| PLACE OF HEARING: Montréal (Québec) |
DATE OF HEARING: April 1st, 1997
REASONS FOR JUDGMENT: the Honourable Mr. Justice Nadon
DATED: April 1st, 1997
APPEARANCES:
Mr. Harry Blank for Appellant
Mr. Jean Caumartin Amicus curiae
SOLICITORS OF RECORD:
Harry Blank, Q.C.
Montréal (Québec) for Appellant
Jean Caumartin
Montréal (Québec) Amicus curiae