Date: 19990301
Docket: T-2132-97 and T-2133-97
OTTAWA, ONTARIO, THIS 1ST DAY OF MARCH, 1999.
PRESENT: THE HONOURABLE MR. JUSTICE CULLEN
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
Kenneth Lee Kam Kiu
Helen Lee May May,
Appellants,
REASONS FOR ORDER AND ORDER
CULLEN J.:
[1] It was agreed that cases designated as T-2132-97 Kenneth lee Kam Kiu and T-2133-97 Helen Lee May May would be heard together.
[2] These were appeals from the decision of Citizenship Judge, Robert Meagher, dated August 28, 1997.
[3] The said judge found that the two parties had not met the residence requirement under paragraph 5(1)(c) of the Citizenship Act R.S.C. 1985, c. C-29. The parties herein were admitted to Canada for permanent residence on March 1, 1989, and were not and are not under any order of deportation.
[4] Counsel and the parties presented a litany of facts to show they had been Canadianized, and all representation were worthy of merit. However, and this is not the first time these applicants will have heard this, they simply did not qualify under the residence requirement due to the time spent outside of Canada. In addition the Citizenship Court Judge detected no basis under which to recommend an exercise of Ministerial discretion.
[5] Having establish themselves as permanent residents on March 1, 1989, it is pretty clear from the evidence that that residency was not their first priority, and a quick glance at the days within which they could establish residence, and the minuscule number of days actually in residence here is surely a clear indication of other priorities.
[6] One does not have to go through a plethora of cases to realize, that full time or practically full time residency is the only basis upon which the Citizenship Court Judge and this Judge could grant or justify granting citizenship. There is no doubt in my mind that these individuals have not established residence in Canada and "Canadianized" themselves.
[7] The Act requires at least three years of residence in Canada within the four years immediately preceding the date of application for citizenship, and not a prohibitive number of the days required.
[8] I must dismiss these appeals. Sadly the two applications did not chose to benefit from the good advice given to them in April of 1997 when they earlier appealed the decision of a Citizenship Judge.
OTTAWA, ONTARIO
March 1, 1999. J.F.C.C.
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