Date: 19990121
Docket: T-1068-98
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 - |
| YI FANG WANG, |
Respondent.
REASONS FOR JUDGMENT
DUBE, J.
[1] This appeal is brought by the Minister of Citizenship and Immigration with respect to the decision of a Citizenship Judge dated April 1, 1998, approving the application of the respondent for a grant of Canadian citizenship. The Judge decided that the respondent had met the residency requirement of paragraph 5(1)(c) of the Citizenship Act (the "Act") despite the fact that the respondent had been physically present in Canada for only 541 days and fell short of the minimum requirement of at least three years residence in Canada within the four years immediately preceding the date of her application for Canadian citizenship by 554 days.
[2] The respondent's husband has been a Canadian citizen since 1989. She married him in 1991 in Vancouver and both of their children were born in Vancouver. However, her husband lost his employment in Vancouver and moved back to Hong Kong where he has been working for the past 6 years. She lives with her husband and two children in Hong Kong and she spends more time there than in Canada.
[3] The jurisprudence is generally to the effect that one does not have to be physically present in Canada for the entire 1095 days of residence prescribed under the Act. Nonetheless, actual presence in Canada is one of the most relevant factors to establish residency. In the present instance, it is obvious that the respondent resides most of the time in Hong Kong with her husband and children and not in Canada. It would be more convenient for her to acquire citizenship so as to be allowed to travel freely between the two countries without the obligation to obtain a permit. However, citizenship is not a matter of convenience: Canadian citizenship is a highly desirable status sought by people all over the world.
[4] In my view, the respondent's application for citizenship was premature. Hopefully she will one day be able to resume her residence in Canada so as to comply with the residency requirements of the Act.
[5] Consequently the Citizenship Judge erred in law and the appeal is allowed.
(Sgd.) "J.E. Dubé"
J.F.C.C.
Vancouver, British Columbia
21 January 1999
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-1068-98
STYLE OF CAUSE: MINISTER OF CITIZENSHIP AND
IMMIGRATION
v.
YI FANG WANG
PLACE OF HEARING: Vancouver, British
| DATE OF HEARING: January 21, 1999 |
REASONS FOR JUDGMENT OF DUBE, J.
dated January 21, 1999
APPEARANCES:
| Ms. Emilia Péch for the Appellant |
| Ms. Yi Fang Wang on her own behalf |
SOLICITORS OF RECORD:
Morris Rosenberg for the Appellant
Deputy Attorney General
of Canada
| Ms. Yi Fang Wang on her own behalf |
| 3335 Church Street |
| Vancouver, BC |
| V7Y 1B6 |