Date: 19981204
Docket: T-2054-97
BETWEEN:
| IN THE MATTER OF the Citizenship Act, |
| AND IN THE MATTER OF an appeal from the decision of a Citizenship Judge |
WAI YI TINA MAK
Appellant
JUDGMENT AND REASONS FOR JUDGMENT
NADON, J.
[1] The Appellant is appealing a decision of Citizenship Judge Elizabeth Willcock dated July 21, 1997 pursuant to which her application for Canadian citizenship was denied.
[2] The judge concluded that the Appellant did not meet the residence requirements set out at paragraph 5(1)(c) of the Citizenship Act. I agree with the judge that the Appellant does not meet the requirements of the Act.
[3] In Re Chia [T-2879-96, unreported decision of January 21, 1998] Muldoon, J. concluded that paragraph 5(1)(c) of the Citizenship Act clearly says what it means, i.e. that a person who seeks to become a citizen of Canada must have resided physically in this country for a minimum of three years (1,095 days) in the four years preceding the filing of the application for citizenship.
[4] In the present matter, the Appellant became a permanent resident of Canada on January 1, 1993.
[5] She applied for Canadian citizenship on July 15, 1996. During that period, the Appellant spent 1155 days outside of Canada. Thus she spent only 136 days in Canada.
[6] Unfortunately for the Appellant she clearly does not meet the requirements of paragraph 5(1)(c) of the Act. The fact that the Appellant was, for most of the time spent abroad, a student is, in my view irrelevant as the Act makes no exceptions for students. I obviously cannot make one.
[7] For these reasons, the appeal is dismissed.
(Sgd.) "Marc Nadon"
Judge
Vancouver, British Columbia
December 4, 1998
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