Date: 19980420
Docket: T-749-97
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
Chi-Ho Hsieh,
Appellant.
REASONS FOR JUDGMENT
(Delivered orally from the Bench
on March 18, 1998, as edited)
MCKEOWN J.
[1] This matter came before me at Toronto on March 18, 1998. The appellant appeals the decision of a Citizenship Court Judge, dated February 17, 1997, which refused his application for Canadian citizenship on the basis that he did not meet the requirements of residence under paragraph 5(1)(c) of the Citizenship Act as amended.
[2] The Citizenship Judge also declined to make a recommendation under subsection 15(1) of the Act, requesting that the Minister exercise her discretion under subsection 5(3) to grant citizenship on compassionate grounds, or under subsection 5(4) for reasons of special hardship.
[3] The appellant was born in the People's Republic of China on July 26, 1925. He came to Canada on April 25, 1989, and was granted landed immigrant status.
[4] At the time of his hearing, on December 14, 1995, the appellant's time was computed up until November 1, 1994, and the Citizenship Court Judge found that he was 719 days short of the necessary period of time to meet the requirements of section 24 of the Act. Since that time, the appellant had not left Canada since July 23, 1995. The Citizenship Judge was frozen in time, and could not look at the appellant's subsequent residence in Canada.
[5] During the past four years, he has accumulated 1,136 days, which is 41 days in excess of the requirements of section 24 of the Act. I also note that there was no evidence before me to meet the requirements of either section 22 or section 29 of the Act. Accordingly, I am satisfied that the appellant has met the requirements of the Act.
[6] The appeal is allowed.
W.P. McKeown
J U D G E
O T T A W A, Ontario
April 20, 1998.