Date: 19990302
Docket: T-602-98
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
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
- and -
HUI-JU CHEN
Respondent
REASONS FOR JUDGMENT
SHARLOW, J.:
[1] The Minister appeals the decision of Citizenship Judge Wicks dated March 10, 1998 approving the application of Hui Ju Chen for citizenship.
[2] The facts are not in dispute and may be briefly stated. Ms. Chen was born in 1969. In 1984 she moved from Taiwan to Argentina with her family (her father, mother, brothers and sister). She was awarded a scholarship that enabled her to attend the National Chung Cheng University in Taiwan and in October of 1993 she commenced her education there. She graduated in June of 1997 with a business degree. While at university, Ms. Chen was dependent upon her parents for support.
[3] In November of 1993, Ms. Chen"s family immigrated to Canada. They have since become citizens of Canada. Ms. Chen did not accompany her family to Canada at that time because it would have disrupted her university studies but she joined them during the winter vacation, landing on January 26, 1994. She was physically absent from Canada from February 25, 1994 to June 30, 1995 and from September 30, 1995 to July 15, 1997 in order to pursue her studies in Taiwan. During the 1995 summer vacation she returned to the family home in Toronto, where she had her own room. She did not come to Canada during the summer 1996 vacation or the following winter vacation. During those vacations she pursued studies for which she was not given university credit. She stayed with her grandmother in Taiwan. Ms. Chen did not attempt to transfer to a Canadian university because it would have delayed her graduation, her English language skills at the time being not sufficiently developed.
[4] After graduating, Ms. Chen returned to Canada where she has been ever since. She worked and apparently is still working in her family"s business. Her father passed away in August of 1998.
[5] The only issue before me is whether Ms. Chen meets the residency requirement in paragraph 5(1)(c) of the Citizenship Act. The question is whether she has, within the four years immediately preceding the date of her application for citizenship, "accumulated at least three years of residence in Canada."
[6] The date of Ms. Chen"s application was July 17, 1997. Therefore the relevant four year period started in July 17, 1993. In terms of physical presence, she is short by 975 days. However, the Citizenship Judge held that residency is not to be tested by physical presence alone, but by the establishment of a residential base and centralized mode of living in Canada. If that can be found, the residency requirement may be met despite temporary absences from Canada for educational purposes. The interpretation of "residence" applied by the Citizenship Judge case is well grounded in authority, in particular the decision of Thurlow A.C.J. in Re Papadogiorgakis , [1978] 2 F.C. 208.
[7] The Citizenship Judge was satisfied that Ms. Chen had established the requisite Canadian residence at the outset and that her absences were of a temporary nature. Therefore, she was a resident of Canada while she pursued her studies in Taiwan. Having heard the viva voce evidence of Ms. Chen and having reviewed the documents, I have reached the same conclusion.
[8] This appeal is dismissed.
"Karen R. Sharlow"
J.F.C.C.
Toronto, Ontario
March 2, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-602-98
| 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 |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Appellant
| - AND - |
| HUI-JU CHEN |
Respondent
| DATE OF HEARING: TUESDAY, MARCH 2, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: SHARLOW J. |
| DATED: TUESDAY, MARCH 2, 1999 |
APPEARANCES: Ms. Lori Hendriks
| For the Appellant |
| Ms. Hui-Ju Chen |
| For the Respondent |
| Mr. Peter K. Large |
| Amicus Curiae |
| SOLICITORS OF RECORD: Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Appellant |
| Hui-Ju Chen |
| 1201 College Street |
| Toronto, Ontario |
| M6H 1B7 |
| For the Respondent |
| Peter K. Large |
| 610-372 Bay Street |
| Toronto, Ontario |
| M5H 2W9 |
| Amicus Curiae |
FEDERAL COURT OF CANADA
Date: 19990302
Docket: T-602-98
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 |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Appellant
| - AND - |
| HUI-JU CHEN |
Respondent
REASONS FOR ORDER