Date: 19990825
Docket: T-24-99
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
- and -
WAI NGAU WONG
Respondent
REASONS FOR ORDER AND ORDER
EVANS J.:
[1] Wai Ngau Wong, his parents and sister arrived in Canada as permanent residents on July 5, 1994. Mr. Wong was then 20 years old and was a student at a university in Australia. He held a Hong Kong passport.
[2] On July 14, 1994 Mr. Wong returned to Australia to resume his studies and returned to Canada in May 1996 after obtaining his degree. He has lived and worked here ever since. His parents have been in Canada since their arrival in 1994 and own a house where Mr. Wong lives when in Canada.
[3] He applied for Canadian citizenship in September 1997, a little more than three years after he became a permanent resident. The Citizenship Judge approved the application, even though Mr. Wong had been absent from Canada for almost 630 days prior to his application for citizenship, and present for only approximately 465 of the 1,095 days required to satisfy the three year residence requirement prescribed by paragraph 5(1)(c) of the Citizenship Act.
[4] The Citizenship Judge stated that Mr. Wong"s permanent residence was in Canada, the country with which he had closer connections than any other by virtue of his parents" residence here. He noted, too, that Mr. Wong"s absences had been for a temporary purpose and he cited the judgment of Thurlow A.C.J. in Re: Papadogiorgakis [1978] 2 F.C. 208 (F.C.T.D.) to support his decision.
[5] The Minister appealed on the ground that the Citizenship Judge had erred in law: it was not open to him on the facts and the authorities to conclude that Mr. Wong had satisfied the residence requirement of paragraph 5(1)(c).
[6] I agree. There was no evidence on which the Citizenship Judge could reasonably have concluded that in the nine days that Mr. Wong was in Canada between his arrival and his departure for Australia he established a residence here for the purpose of the Citizenship Act. The fact that he lived with his parents who have remained in Canada since their arrival is insufficient.
[7] On facts very similar to those before me Simpson J. in Minister of Citizenship and Immigration v. Rahman (F.C.T.D.; T-2161-97; April 29, 1999) also concluded that the respondent had not established residence in Canada for the purpose of the Citizenship Act.
[8] It follows that Mr. Wong had no residence in Canada that he could be said to be maintaining prior to his return in 1996. He did not even visit Canada while he was completing his university studies in Australia.
[9] This is a very different case from Papadogiorgakis since the individual had lived in Canada for several years before he acquired permanent residence status, and visited regularly during the years that he was studying outside Canada.
[10] Mr. Wong simply applied for citizenship prematurely. Now that he is settled in Canada he should apply again.
[11] For these reasons the application is granted.
"John M. Evans"
JUDGE
TORONTO, ONTARIO
August 25, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-24-99 |
| STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| - and - |
| WAI NGAU WONG |
| DATE OF HEARING: WEDNESDAY, AUGUST 25, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: EVANS J. |
DATED: WEDNESDAY, AUGUST 25, 1999
| APPEARANCES: Mr. Godwin Friday |
For the Applicant
Mr. Wai Ngau Wong
For the Respondent
SOLICITORS OF RECORD: Morris Rosenberg
Deputy Attorney General of Canada
| For the Applicant |
Wai Ngau Wong
780 Gerrard Street East
Toronto, Ontario
M4M 1Y6
For the Respondent in Person
FEDERAL COURT OF CANADA
Date:19990825
Docket: T-24-99
Between:
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Applicant
- and -
| WAI NGAU WONG |
Respondent
| REASONS FOR ORDER |