Date: 19990609
Docket: T-1262-98
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
| Applicant |
- and -
HONG LIU
Respondent
REASONS FOR JUDGMENT
McGILLIS J.
[1] The applicant Minister of Citizenship and Immigration ("Minister") has appealed, under subsection 14(5) of the Citizenship Act, R.S.C. 1985, c. C- 29 as amended ("Act"), from a decision of a Citizenship Judge granting citizenship to the respondent.
[2] In his decision, the Citizenship Judge found that the respondent met all of the requirements for citizenship in subsection 5(1) of the Act. In particular, he found that the respondent satisfied the residency provision in paragraph 5(1)(c) of the Act, despite "a shortage of 494.5 days with respect to the minimum requirement of three years residence". He also found that the respondent had established a "residential base", and that he had centralized his mode of living in Canada.
[3] A review of the evidence in the record confirms that the Citizenship Judge committed an error in calculating the extent of the respondent's absences from Canada. In particular, rather than a shortfall of 494.5 days, the respondent actually had a shortfall of approximately 592 days during the 1095 days preceding his application for citizenship. In my opinion, the Citizenship Judge committed a significant and fundamental error in assessing the crucial question of the respondent's actual time spent in Canada. In the circumstances, I am not satisfied that the Citizenship Judge's decision is correct. Indeed, the extent of the respondent's absences from Canada during his ten trips to China in the relevant time period are inconsistent with the assertion that he has "centralized his mode of living in Canada".
[4] The appeal is allowed. No order as to costs.
| "D. McGillis" |
Judge
TORONTO, ONTARIO
June 9, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-1262-98 |
| STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
- and -
HONG LIU
| DATE OF HEARING: TUESDAY, JUNE 8, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR JUDGMENT BY: McGILLIS, J. |
DATED: WEDNESDAY, JUNE 9, 1999
APPEARANCES: Ms. Marianne Zoric
For the Applicant
Mr. Irvin H. Sherman, Q.C.
For the Respondent
SOLICITORS OF RECORD: Morris Rosenberg
Deputy Attorney General
of Canada
| For the Applicant |
Martinello & Associates
| Barristers & Solicitors |
| Suite 208, 255 Duncan Mill Road |
| Toronto, Ontario |
| M3B 3H9 |
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990609
Docket: T-1262-98
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
| Applicant |
- and -
HONG LIU
Respondent
| REASONS FOR JUDGMENT |