T-2764-96
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
WOON TING CHAN,
Appellant.
REASONS FOR JUDGMENT
ROTHSTEIN, J.:
The appellant arrived in Canada on August 10, 1992 and during the relevant period prior to his Citizenship application was out of Canada 853 days. The reasons given were the winding up of his business, holidays and researching for a business. Also he was ill on one occasion. The appellant incorporated a Canadian company called Atex Textile Ltd. in 1994. The company acts as a sales agent and earned commissions in 1996 of about $9,000 on the sale of some furs from Canada to Hong Kong or China. Other than that, the company has not done any Canadian business.
The appellant sold 65% of his Hong Kong business but retains ownership of 35%. He is no longer involved in the internal administration of the business but he is involved in sales. The Canadian company Atex Textile Ltd. appears to act as sales agent for the Hong Kong company and Mr. Chan is an employee of the Canadian company.
There are a number of difficulties with this appeal, regrettably all relating to credibility. Mr. Chan, in cross-examination, said that he kept up with Canadian news by reading Canadian magazines but was unable to name any Canadian magazine.
In terms of his absences from Canada, three absences are attributed to holidays. To explain why this is a credibility issue I list the following:
| - in Canada, 19 days; |
| - out of Canada due to holiday, 49 days; |
| - in Canada, 23 days; |
| - out of Canada for research for business, 83 days; |
| - in Canada, 16 days; |
| - out of Canada, holiday, 32 days; |
| - in Canada, 15 days; |
| - out of Canada, holiday and illness, 158 days. |
The appellant indicated that he took these holidays by himself, that his children were in school in Canada and that his wife was required to stay in Canada to look after the children. It is difficult to understand how an individual who had centralized his mode of living in Canada could take holidays by himself outside of Canada, each for a much longer period of time than the intervals that he spent in Canada.
Finally, with respect to his income tax returns, it appears that the income of the company that acts as sales agent for the Hong Kong company has minimal revenue. For the year ended October 31, 1996, the revenue was $18,000. Nonetheless, the appellant has mortgage and tax payments of at least $19,000 a year, maintains three cars in Canada and obviously has ordinary living expenses for his wife and children. He indicates that his wife does not work. When questioned, he indicated that the revenue for the payment of these expenses came from the Hong Kong company but there is nothing indicated in the material before me how revenues received in Canada come from that company except for very modest amounts. I therefore have difficulty with the appellant's explanation regarding the declaration of income and the payment of income taxes.
In the circumstances I do not find the appellant a credible witness and he has not satisfied me that he has centralized his mode of living in Canada notwithstanding his numerous absences. The appeal is dismissed.
"Marshall E. Rothstein"
Judge
Toronto, Ontario
September 3, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-2764-96
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
WOON TING CHAN,
Appellant.
DATE OF HEARING: SEPTEMBER 2, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR
JUDGMENT BY: ROTHSTEIN, J.
DATED: SEPTEMBER 3, 1997
APPEARANCES:
Mr. Stephen Green
For the Appellant
Mr. Peter K. Large
Amicus Curiae
SOLICITORS OF RECORD:
GREEN AND SPIEGEL
121 King Street West
Suite 2200, P.O. Box 114
Toronto, Ontario
M5H 3T9
For the Appellant
Mr. Peter K. Large
Barrister and Solicitor
Suite 610
372 Bay Street
Toronto, Ontario
M5H 2W9
Amicus Curiae
FEDERAL COURT OF CANADA
Court No.: T-2764-96
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
WOON TING CHAN,
Appellant.
REASONS FOR JUDGMENT