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Date: 19981103


Docket: T-2284-97


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


SZE-CHIU BRIAN WONG


Appellant


REASONS FOR ORDER

(Delivered from the Bench at Toronto, Ontario on

Tuesday, November 3, 1998, as edited)

REED J.:

[1]      On the basis of the evidence that is before me, much of which was not before the Citizenship Judge, I find that the appellant, despite his lengthy absences from Canada, fulfilled the residency requirements of section 5(1)(c) of the Citizenship Act. He was absent because he was following a course of study in the United States. He returned to Canada on every holiday occasion. His parents had established their home and residence here and had become Canadian citizens. Members of his extended family reside in Canada, including his grandmother, and are Canadian citizens.

[2]      Upon completion of his course of study he returned to Canada and has taken permanent employment here. The country with which he has the closest connection is Canada.

[3]      For reasons given, this decision of the Citizenship Judge is set aside and is replaced by a finding that the appellant has fulfilled the requirements for citizenship.

"B. Reed"

Judge

Toronto, Ontario

November 3, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                  T-2284-97

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
                     SZE-CHIU BRIAN WONG

     Appellant

DATE OF HEARING:          TUESDAY, NOVEMBER 3, 1998

PLACE OF HEARING:          TORONTO, ONTARIO

REASONS FOR ORDER BY:      REED, J.

DATED:                  TUESDAY, NOVEMBER 3, 1998

APPEARANCES:              Mr. Benjamin J. Trister

                         For the Appellant

                     Mr. Peter K. Large

                         Amicus Curiae

SOLICITORS OF RECORD:      Greenberg, Trister, Turner

                     Barristers & Solicitors
                     3000-401 bay Street
                     Toronto, Ontario
                     M5H 2Y4

                         For the Appellant

                     Peter K. Large

                     610-372 Bay Street

                     Toronto, Ontario

                     M5H 2W9

                         Amicus Curiae

                     FEDERAL COURT OF CANADA

     Date: 19981103

                         Docket: T-2284-97

                     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
                     SZE-CHIU BRIAN WONG

     Appellant

                    

                         REASONS FOR ORDER

                    

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