Date: 19971211
Docket: T-2576-96
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
HSIU CHING LIU,
Appellant
REASONS FOR JUDGMENT
ROULEAU, J.
[1] This is an appeal from the decision of a Citizenship Judge who denied this appellant Canadian citizenship on November 12, 1996. It was determined that Mrs. Liu did not meet the residency requirement under paragraph 5(1)(c) of the Act which requires that an applicant for Canadian citizenship must have accumulated at least three years of residency in Canada within the four years immediately preceding his or her application. The Citizenship Judge found that the appellant had 926 days of absences in the four years preceding his Citizenship application.
[2] The Citizenship Judge determined that the quality of the appellant's connections with Taiwan and the length of her absences from Canada showed that Canada was not where she regularly, normally and customarily lived. Pursuant to subsection 15(1), the Citizenship Judge also did not find any grounds under subsections 5(3) and 5(4) of the Act to recommend an exercise of Ministerial discretion in this appellant's case. At this hearing, the Citizenship judge also refused the appellant's husband's application for citizenship for the same reasons (T-2575-96).
[3] In her Notice of Appeal, the appellant submits as follows:
| The Citizenship Judge misconstrued the facts of my case, and misdirected herself with respect to the law. He ignored the law relevant to my case, and incorrectly equated physical presence with residence. |
[4] The appellant was born in Taiwan on February 28, 1949. She arrived in Canada on January 16, 1993 with her husband and two daughters and was landed the same day.
[5] The appellant appeared before me at Toronto on November 18, 1997, accompanied by her husband whose testimony, it was agreed, would be applicable to both of these appeals.
[6] For the reasons outlined in File T-2575-96, this appeal is allowed.
JUDGE
OTTAWA, Ontario
December 11, 1997
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-2576-96
STYLE OF CAUSE: Citizenship Act v. Hsiu Ching Liu
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: November 18, 1997
REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE ROULEAU
DATED:
December 11, 1997
APPEARANCES
Mr. Sheldon M. Robins
FOR APPELLANT
Mr. Peter K. Large
FOR AMICUS CURIAE
SOLICITORS OF RECORD:
Sheldon M. Robins
Toronto, Ontario
FOR APPELLANT
Mr. Peter K. Large
Toronto, Ontario
FOR AMICUS CURIAE