Date: 19971210
Docket: T-2461-96
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
KWOK-TING TERESA CHEN LI,
Appellant.
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Tuesday, December 9th, 1997, as edited)
ROTHSTEIN, J.:
[1] In this citizenship appeal, the evidence is that the appellant seems to have been physically present in Canada for vast majority of the time in the first few years after her landing in 1991. However, she was divorced and remarried in 1993. The evidence is clear that since 1993, the appellant has not centralized her mode of living in Canada. She accompanies her husband to his work in Hong Kong and is out of the country ten to eleven months per year. Their infant daughter accompanies them. There is little other indicia of her establishing a presence in Canada.
[2] The applicant has not established that she has met the residence requirement of section 5 of the Citizenship Act. Her goal may be to reside in Canada but, for purposes of the Citizenship Act, she did not do so during a three year period prior to her citizenship application.
[3] It would be more appropriate that she reapply for Canadian citizenship when her ties to Canada are stronger and, preferably when she accumulates a greater degree of physical presence in this country. The appeal must be dismissed.
"Marshall Rothstein"
Judge
Toronto, Ontario
December 10, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: T-2461-96
| 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 |
| KWOK-TING TERESA CHEN LI, |
DATE OF HEARING: DECEMBER 9, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: ROTHSTEIN, J.
DATED: DECEMBER 10, 1997
APPEARANCES: Mr. Gerald W. Kinasz
For the Appellant
Mr. Peter K. Large
Amicus Curiae
SOLICITORS OF RECORD: ABRAHAM DUGGAN
Barristers & Solicitors
17 Dundonald Street
Toronto, Ontario
M4Y 1K3
For the Appellant
Peter K. Large
Barrister and Solicitor
610-372 Bay Street
Toronto, Ontario
M5H 2W9
Amicus Curiae
FEDERAL COURT OF CANADA
Date: 19971209
Docket: T-2461-96
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 |
| KWOK-TING TERESA CHEN LI, |
Appellant
REASONS FOR JUDGMENT