Date: 19981222
Docket: T-2224-97
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 -
KWAN YEE LEE,
Respondent.
REASONS FOR ORDER
WETSTON J.:
[1] This is an appeal brought under s. 14(5) of the Citizenship Act on behalf of the Minister from the decision of a Citizenship judge dated August 26, 1997, wherein the respondent's application for a grant of citizenship was approved.
[2] By his decision of August 26, 1997, the Citizenship judge decided that the respondent had met the residency requirements of paragraph 5(1)(c) despite having been absent for 772 days from the date of her landing in Canada to the date of her application for citizenship. The respondent was physically present in Canada for only 426 days which represented a shortfall of 669 days with respect to meeting the minimum residence requirement of the Act.
[3] The respondent was born in China on November 21, 1947, and acquired landed immigrant status with her husband on July 30, 1922, when they arrived in Canada with their three children. The respondent applied for citizenship on November 10, 1995. During the three years and three months preceding her citizenship application the respondent only spent 426 days in Canada and was absent 772 days, almost all of which were spent in Hong Kong. The evidence indicated that the respondent left Canada approximately 27 days after her first arrival and was frequently absent during the following three year period. The primary reason for her returning to Hong Kong was to take care of her ill and elderly father who, unfortunately, has since passed away.
[4] The respondent relies on the decision of Re: Koo [1993] 1 F.C. 286 (F.C.T.D.) at 293 - 94. In this matter Ms. Lee used an interpreter. She testified that she was the eldest daughter and felt that she had a responsibility to return to Hong Kong to look after her elderly father. He obviously was very ill and her mother looked after her father's needs when Ms. Lee was not in Hong Kong, but her mother also had medical problems. The respondent testified that she has five brothers and sisters living in Hong Kong but that they were occupied with their own personal family responsibilities and thus unable to care for their ill father.
[5] The respondent is a housewife who left Canada shortly after her arrival because her father had become ill. She was a member of the Chinese temple in Toronto. She testified that she spent most of her time as a housewife with her immediate family friends.
[6] It is the opinion of the Court that the evidence before me does not demonstrate that the respondent had a personal, substantial and permanent attachment to Canada. Indeed, given her regular absences and responsibilities in Hong Kong it is not possible to find that the respondent regularly, normally or customarily lived in Canada during the relevant period. The quality of her attachment to Canada appears minimal. There is little evidence of any integration into Canadian society in order to satisfy the Court that the quality of her attachment to Canada was greater than the quality of her attachment elsewhere.
[7] Her father's illness was unfortunate. However, I find that the respondent, despite the sympathy raised by her case, did not meet the residency requirements of the Act during the relevant period. Consequently, the appeal shall be allowed.
"Howard I. Wetston"
Judge
TORONTO, ONTARIO
December 22, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-2224-97
| STYLE OF CAUSE: 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 - |
| KWAN YEE LEE |
Respondent.
DATE OF HEARING: TUESDAY, DECEMBER 15, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: WETSTON J.
DATED: TUESDAY, DECEMBER 22, 1998
APPEARANCES: Mr. Stephen H. Gold
| For the Appellant |
| Mr. Sheldon Robins |
| For the Respondent |
Mr. Peter K. Large
| Amicus Curiae |
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
For the Appellant
| Sheldon M. Robins |
Barrister & Solicitor
| 2 St. Clair Ave. East, Suite 318 |
| Toronto, Ontario |
| M4T 2T5 |
| For the Respondent |
| Peter K. Large |
610-372 Bay Street
Toronto, Ontario
M5H 2W9
Amicus Curiae
FEDERAL COURT OF CANADA
Date: 19981222
Docket: T-2224-97
| 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 - |
| KWAN YEE LEE |
Respondent.
REASONS FOR ORDER