Date: 19990115
Docket: T-1016-98
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 - |
| HSIAO PIN LIN, |
Respondent.
REASONS FOR JUDGMENT
DUBE, J.
[1] The Minister appeals the decision of a citizenship judge dated March 26, 1998, approving the application of the respondent for a grant of Canadian citizenship under s. 5(1) of the Citizenship Act (the "Act").
[2] The issue is one of residency. The respondent was physically present in Canada for only 185 days. The respondent, therefore, had a shortage of 910 days with respect to meeting the minimum requirement of at least three years residence in Canada within the four years immediately preceding the date of her application. In her long absences the respondent worked for the family business in Taiwan. She lived only nine days in Canada after landing. The evidence on record does not show that during that short period she has centralized her mode of living in this country.
[3] Consequently, the citizenship judge erred in law and the appeal is allowed.
(Sgd.) "J.E. Dubé"
J.F.C.C.
Vancouver, British Columbia
15 January 1999
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-1016-98
STYLE OF CAUSE: MINISTER OF CITIZENSHIP AND
IMMIGRATION
v.
HSIAO PIN LIN
PLACE OF HEARING: Vancouver, British
REASONS FOR JUDGMENT OF DUBE, J.
dated January 15, 1999
APPEARANCES:
| Ms. Larissa Easson for the Appellant |
| Hsiao Pin Lin on his own behalf |
SOLICITORS OF RECORD:
Morris Rosenberg for the Appellant
Deputy Attorney General
of Canada
| Hsiao Pin Lin for the Respondent |
| 10771 Canso Crescent |
| Vancouver, BC |
| V7E 5B6 |