T-1913-96
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
Abraham
Sam Tin Chung
Appellant
REASONS
FOR JUDGMENT
(Delivered
orally on the Bench
at Vancouver, B.C.
on May 2, 1997, as edited)
McKEOWN J.
The
appellant appeals the decision of a Citizenship Judge dated July 10, 1996
refusing his application for citizenship on the basis that he does not meet the
requirements of residence for a Canadian citizen under paragraph 5.1(c) of the Citizenship
Act.
The
issue is whether or not the appellant satisfied the residence requirement set
out in paragraph 5.1(c).
The
appellant landed in Canada on July 31, 1992 from Hong Kong. He came with his
wife and four children. Since that time his wife and three children have
become Canadian citizens. At the time that the Citizenship Judge heard this
matter he had been physically present in Canada for only 377 days prior to his
application for citizenship on October 24, 1995. He was short 718 days. His
percentage of time spent in Canada has not changed since the application for
citizenship.
The
facts in this case are somewhat unusual. The appellant works in the deluxe
hotel field which is primarily an international field. Executives in this
field can expect to spend the majority of their time away from home and from
the country they reside in. In this case, the appellant sold his home and
assets in Hong Kong when he moved to Canada. He stayed here for two months
before returning to Hong Kong to establish a Canadian subsidiary. He brought
all his assets and personal effects with him. He rented an apartment for one
year then purchased a home where he still resides today with his wife and four
children. The Canadian subsidiary pays his salary and he pays Canadian income
tax on all his earnings. He has invested in apartments in the Vancouver area.
He has a driver's licence, bank account and health insurance in Canada. Canada
is the only country in which the appellant has substantial connections and the
one where he has centralized his mode of residence.
The
appeal is allowed.
"William P. McKeown"
Judge
TORONTO, ONTARIO
May 16, 1997
FEDERAL
COURT OF CANADA
Names of Counsel
and Solicitors of Record
COURT NO: T-1913-96
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
Abraham Sam Tin Chung
Appellant
DATE OF HEARING: MAY 2, 1997
PLACE OF HEARING: VANCOUVER,
B. C.
REASONS FOR ORDER BY: McKEOWN, J.
DATED: MAY
16, 1997
APPEARANCES:
Mr.
Kenneth H. Jang
For
the Appellant
Ms.
J.D. Fisher
Amicus
Curiae
SOLICITORS OF RECORD:
Jang,
Cheung, Lee
1507-808
Nelson Street
Box
12182
Vancouver,
B.C.
V6Z
2H2
For
the Appellant
Watson
Goepel, Maledy
P.O.
Box 49096
3023
- 595 Burrard Street
Vancouver,
B.C.
V7X
1G4
George
Thomson
Deputy
Attorney General
of
Canada
Amucus
Curiae
FEDERAL
COURT OF CANADA
Court No.: T-1913-96
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
Abraham
Sam Tin Chung
Appellant
REASONS
FOR JUDGMENT
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