Date: 19990303
Docket: T-523-98
BETWEEN:
IN THE MATTER OF THE CITIZENSHIP ACT,
R.S.C., 1985, c. C-29
AND IN THE MATTER OF an appeal from the
decision of a Citizenship Judge
AND IN THE MATTER OF
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant,
- and -
WING SIK CHAN
Respondent
REASONS FOR ORDER AND ORDER
McKEOWN J.:
| [1] The appeal is allowed. The decision of Citizenship Judge Hong dated January 26, 1998 is set aside. |
| [2] Mr. Chan did not appear at this hearing. His citizenship application was granted by Judge Hong in part on the basis of Mr. Chan"s family residing at 53 Winter Gardens Road, Scarborough, until October 1995. |
| [3] His income tax returns show that this house was rented from January 1991 until April 1995. In my view, this creates a credibility concern on a material point. In the absence of testimony by Mr. Chan I am unable to determine the location of the family residence. There is reference to a residence on Wilderness Drive, Scarborough, but this is insufficient in light of the conflicting evidence I referred to above. Accordingly, I am not satisfied that he centralized his mode of living in Canada. |
"W.P. McKeown"
J.F.C.C.
TORONTO, ONTARIO
March 3, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-523-98
| STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
and -
| WING SIK CHAN |
DATE OF HEARING: WEDNESDAY, MARCH 3, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER AND ORDER BY: McKEOWN J.
DATED: WEDNESDAY, MARCH 3, 1999
APPEARANCES: Ms. Sally Thomas
For the Appellant
Mr. Peter K. Large
Amicus Curiae
SOLICITORS OF RECORD: Morris Rosenberg
Deputy Attorney General
of Canada
For the Applicant
Wing Sik Chan
88 Corporate Drive, Ph #8
Scarborough, Ontario
M1H 3G6
Respondent
Peter K. Large
Barrister & Solicitor
Suite 610 - 372 Bay St.,
Toronto, Ontario
M5H 2W9
Amicus Curiae
FEDERAL COURT OF CANADA
Date: 19990303
Docket: T-523-98
Between:
| IN THE MATTER OF THE CITIZENSHIP ACT, R.S.C., 1985, c. C-29 |
| AND IN THE MATTER OF an appeal from the decision of a Citizenship Judge |
AND IN THE MATTER OF
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Appellant,
- and -
WING SIK CHAN
Respondent
REASONS FOR ORDER AND ORDER