Date: 19981105
Docket: T-1330-97
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 -
CHI HING GEORGE TAI
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario on
Wednesday, November 4, 1998, as edited)
ROTHSTEIN J.:
[1] The decision of the Citizenship Court Judge indicates that he believed that the respondent's periods of absence from Canada were for the purposes of promoting Canadian made products and that the respondent's Canadian business venture employed twelve Canadian citizens. Before me the respondent admitted that his efforts abroad were not to promote Canadian made products and that his Canadian business employs no one other than himself.
[2] The respondent, over the relevant 1095 day period, was away 831 days or approximately 76% of the time. He does business in Hong Kong and takes short trips to the Middle East for the purpose of selling garments. His pattern of travel is to be outside of Canada three to four months at a time and to return for a few weeks and again to leave.
[3] The respondent does not satisfy the residency requirements for citizenship purposes. Clearly he is not physically present in Canada for significant periods of time each year. Nor does he qualify under the jurisprudence that allows for consideration of residency even when an individual is not physically present in Canada.
[4] The Minister's appeal is allowed.
"Marshall Rothstein"
Judge
Toronto, Ontario
November 5, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-1330-97
| 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 |
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Appellant
- and -
CHI HING GEORGE TAI
Respondent
DATE OF HEARING: WEDNESDAY, NOVEMBER 4, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: WEDNESDAY, NOVEMBER 4, 1998
APPEARANCES: Mr. Stephen H. Gold
For the Appellant
Mr. Peter Johnson
For the Respondent
Mr. Peter Large
Amicus Curiae
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
For the Appellant
Peter K. Large
610-372 Bay Street
Toronto, Ontario
M5H 2W9
Amicus Curiae
FEDERAL COURT OF CANADA
Date: 19981105
Docket: T-1330-97
| 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 -
CHI HING GEORGE TAI
Respondent
REASONS FOR JUDGMENT