Date: 19981007
Docket: T-1079-96
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
SHIH-CHIN HSU
Appellant
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is an appeal of a decision by the Citizenship Judge Huguette Pageau of April 3, 1996.
[2] The Citizenship Judge denied the application for citizenship because the appellant met all the requirements for the citizenship except those contained in paragraph 5 (1)(e) of the Act.
[3] The Citizenship Judge also found that the appellant did not meet the requirement of residence.
[4] The appellant was present and was examined by his attorney.
[5] It was pretty obvious that the appellant is not able to speak French or English and at his own request, and at the request of his attorney, he was provided with an interpreter to answer questions during the hearing.
[6] The appellant has informed the Court that he is still living more than half of the year in Taiwan even though his wife and his two children are living in Canada.
[7] One of the reasons that were given for his long absences from Canada at the day of the hearing by Citizenship Judge Pageau was that he had to take care of his mother in Taiwan.
[8] The appellant has informed the Court that his mother has passed away ten months ago but he mentioned to the Court that again he spent more than half of that time in Taiwan. He also mentioned that he would have to spend more time in Taiwan to meet the traditions in Taiwan after his mother has passed away.
[9] As per answers to questions of his attorney, the appellant has not demonstrated that he has an adequate knowledge of Canada and of the responsibilities and privileges of Canadian Citizenship in order to qualify for citizenship.
[10] I am not satisfied that the appellant meets the requirements of the Citizenship Act.
[11] The appeal is dismissed.
Pierre Blais
Judge
OTTAWA, ONTARIO
October 7, 1998