T-1779-96
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 |
| JENG-HERNG PENG |
Appellant.
REASONS FOR JUDGMENT
(Delivered from the Bench at Vancouver on
Tuesday, August 12, 1997 as edited.)
ROTHSTEIN, J.
This is a case in which the appellant has not been physically present in Canada for the required three years immediately preceding his application. However, the data respecting his absences demonstrates that while he was away for significant periods at the commencement of the relevant period, his absences declined significantly over the course of time to the point where, in the latter year and a half before the date of his application, he was away on 7 or 8 occasions but for not more than about 2 weeks each time. It appears the appellant was attempting to establish an Import/Export business relating to pharmaceuticals between Canada and Taiwan, but that has not been successful to date. Indeed, the appellant has taken a real estate course and has qualified as a real estate agent and now is in the business of selling real estate in Vancouver.
Having regard to the criteria in Re Koo, 1992, 19 IMM L.R. 2nd 1 @ 11 I think this is a case in which the appellant generally meets the criteria, especially having regard to the trend of declining absences from Canada during the latter part of the relevant three years. The appellant has produced evidence indicating that his centralized mode of living is in Canada. He was nominated as a parents model in 1994 by the school board governing the school which his daughter was attending and he has testified as to the other indicia that indicate Canada is the place where he normally, regularly and customarily lives.
In the circumstances, I will allow the appeal.
(Sgd.) "Marshall Rothstein"
Judge
Winnipeg, Manitoba
August 15, 1997
NAMES OF COUNSEL AND SOLICITORS OF RECORD
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 |
JENG-HERNG PENG
COURT NO.: T-1779-96
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: August 12, 1997
REASONS FOR JUDGMENT OF ROTHSTEIN, J.
dated August 15, 1997
APPEARANCES:
Mr. Jeng-Herng Peng for Appellant
Ms. Julie Fisher for Amicus Curiae
SOLICITORS OF RECORD:
Waston, Goepel, Maledy for Amicus Curiae