Date: 19980923
Docket: T-732-97
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
GODAKANKANAMGE MAYURIE PERERA,
Appellant.
REASONS FOR JUDGMENT
RICHARD, A.C.J.
[1] This is an appeal from the decision of the Citizenship Judge, dated February 19, 1997, wherein the appellant's application for citizenship was not approved on the ground that she did not meet the requirement of residence as set out in paragraph 5(1)(c) of the Citizenship Act.
[2] The appellant entered Canada on October 30, 1989, on a work permit as a baby-sitter. She acquired the status of a permanent resident on August 5, 1993. She applied for Canadian Citizenship on May 17, 1995. On May 27, 1995, she left Canada to follow her husband who had obtained employment in the Cayman Islands. She testified that she returned to Canada in April 1997.
[3] Prior to her departure from Canada, she obtained a Returning Resident Permit and on her entry into Canada her passport was stamped "Returning Resident".
[4] Paragraph 5(1)(c) of the Citizenship Act prescribes that a person who has been lawfully admitted to Canada for permanent residence, has not ceased since such admission to be a permanent resident pursuant to section 24 of the Immigration Act, and has, within the four years immediately preceding the date of her application, accumulated at least three years of residence in Canada calculated in the following manner: 1) for every day during which the person was a resident in Canada before her lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one-half of a day of residence, and 2) for every day during which the person was resident in Canada after her lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one day of residence.
[5] I find that the appellant did not cease to be a permanent resident pursuant to section 24 of the Immigration Act. She did not leave or remain outside Canada with the intention of abandoning Canada as her place of permanent residence.
[6] In the appellant's case, the four year period commenced on May 17, 1991.
[7] The appellant was a permanent resident during the period of August 5, 1993 to May 17, 1995 and therefore accumulated 649 days of residence for that period. The appellant was resident in Canada before her lawful admission to Canada as a permanent resident during the period from May 17, 1991 to August 5, 1993, that is a period of 810 days and therefore accumulates 405 days of residence for that period. This represents a total of 1054 days of residence out of the requirement of at least three years of residence in Canada, that is, 1095 days stipulated in paragraph 5(1)(c) of the Act.
[8] On the basis of this evidence, I have no alternative but to find that the appellant has not satisfied the residence requirement.
[9] Accordingly, the appeal is dismissed..
(Sgd.) "John D. Richard"
A.C.J.
Vancouver, British Columbia
September 23, 1998
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-732-97
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
AND IN THE MATTER OF
GODAKANKANAMGE MAYURIE PERERA,
Appellant.
REASONS FOR JUDGMENT OF RICHARD, A.C.J.
dated September 23, 1998
SOLICITORS OF RECORD:
| Ms. Perara on her own behalf |
| Surrey, B.C. |
| Mr. Bruce Harwood Amicus Curiae |
| Watson, Goepel, Maledy |
P.O. Box 49096
3023 - 595 Burrard St.
Vancouver, B.C.
V7X 1G4