Date: 19990923
Docket: T-478-99
BETWEEN:
KAI KWONG LEUNG,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
RICHARD, A.C.J.
[1] This is an appeal pursuant to subsection 14(5) of the Citizenship Act and section 21 of the Federal Court Act of the decision of Citizenship Judge Marguerite Ford, rendered on January 21, 1999, denying the application for Canadian citizenship of Kai Kwong Leung for a grant of citizenship under subsection 5(1) of the Citizenship Act.
[2] The Appellant became a landed immigrant of Canada on April 1, 1994.
[3] On November 12, 1997, the Appellant completed and submitted an application for Canadian Citizenship, Adult.
[4] Between the date of his landing in Canada as a permanent resident, April 1, 1994, and the date of his application for Canadian citizenship, November 12, 1997, the Appellant was absent from Canada, by his own admission, on the following dates:
| (i) April 20, 1994 - September 17, 1994 150 days |
| (ii) October 15, 1994 - January 31, 1995 108 days |
| (iii) February 15, 1995 - April 13, 1995 57 days |
| (iv) November 25, 1995 - December 25, 1995 30 days |
| (v) January 2, 1996 - February 18, 1996 47 days |
| (vi) June 21, 1996 - August 3, 1996 43 days |
| (vii) August 17, 1996 - December 21, 1996 126 days |
| (viii) January 2, 1997 - February 7, 1997 36 days |
| (ix) February 15, 1997 - June 26, 1997 131 days |
| (x) October 5, 1997 - November 11, 1997 34 days |
[5] Accordingly, the appellant was absent from Canada for 762 days during that 1320 day period.
[6] The reason given for these absences were business.
[7] In the four year period preceding this application the appellant was absent from Canada for 902 days.
[8] The Citizenship Judge found that the appellant had not met the requirements under paragraph 5 (1) (c) of the Citizenship Act.
[9] The record before the Citizenship Judge establishes that the appellant"s first absence from Canada occurred less than three weeks after landing in Canada and was for a duration of 150 days. During the relevant period he was absent from Canada more days than he was present.
[10] His absences were not temporary.
[11] There is little evidence of his ties to Canada or the Canadian community during the relevant period.
[12] While his family resided in Canada, he conducted business in Hong Kong and visited his family in Canada.
[13] The appeal is dismissed.
(Sgd.) "John D. Richard"
A.C.J.
Vancouver, British Columbia
September 23, 1999
[14]
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-478-99
STYLE OF CAUSE: Kai Kwong Leung
v.
Minister of Citizenship and Immigration
PLACE OF HEARING: VANCOUVER, B.C.
DATE OF HEARING: September 22, 1999
| REASONS FOR ORDER OF RICHARD, A.C.J. |
DATED: September 23, 1999
APPEARANCES:
| Mr. Robert Seto for Applicant |
| Mr. Victor Caux for Respondent |
SOLICITORS OF RECORD:
Jang, Cheung, Lee
| Vancouver, BC for Applicant |
Morris Rosenberg
Deputy Attorney General
| of Canada for Respondent |