Canada (Citizenship and Immigration) v. Chan, docket T-2842-96

 

 

 

Date: 19980525

 

Docket: T-2842-96

 

 

                                    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

 

                                              THE MINISTER OF CITIZENSHIP

                                                          AND IMMIGRATION,

 

                                                                                                                                           Appellant,

 

 

                                                              FAI ALEX CHAN

 

                                                                                                                                        Respondent.

 

                                                                             

                                                    REASONS FOR JUDGMENT

                                                                             

ROTHSTEIN, J.:

 

 

[1]        This is an appeal by the Minister from a decision of the Citizenship Court to grant Canadian citizenship to the appellant.  The issue is residency.

 

[2]        Counsel for both parties agreed that for purposes of this case, the relevant criteria are those set forth in Re Koo, [1993] 1 F.C. 286.  As in most cases, the respondent here satisfies some of the criteria set forth in Re Koo and does not satisfy other.  The test, as Reed J. has put it in Re Koo is whether Canada is the place where the respondent "regularly, normally or customarily lives"; where the respondent has centralized his mode of existence.

 

[3]        The fact that an appellant continues to work outside of Canada is not determinative against him in all cases.  Here, over the relevant time, the respondent returned to Canada frequently from his numerous business trips abroad.  His business trips were to a number of Asian countries as well as to Hong Kong.  He sold all of his properties abroad.  He incorporated a Canadian company which, although it has not been profitable, is an operating company.  He has declared his foreign income on his Canadian income tax return.

 

[4]        In all the circumstances, the appellant has not satisfied me that the learned Citizenship Court Judge erred in approving the respondent's application for citizenship.  The appeal is dismissed.

 

(Sgd.) "Marshall E. Rothstein"

                                                                                                Judge

Vancouver, B.C.

May 25, 1998

                                            FEDERAL COURT TRIAL DIVISION

 

                           NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

HEARING DATED:                        May 19, 1998

 

COURT NO.:                                    T-2842-96

 

STYLE OF CAUSE:                        Citizenship Act

                                                            v.

                                                            Fai Alex Chan

 

 

PLACE OF HEARING:                  Toronto, ON

 

 

REASONS FOR JUDGMENT OF ROTHSTEIN, J.

dated May 25, 1998

 

 

APPEARANCES:

 

            Ms. Sally Thomas                  for Appellant

 

            Mr. J. Norris Ormston          for Respondent

 

            Mr. Peter K. Large               for Amicus Curiae

 

 

SOLICITORS OF RECORD:

 

            George Thomson                   for Appellant

            Deputy Attorney General

            of Canada

 

 

            J. Norris Ormston

            Toronto, ON                          for Respondent

 

 

            Peter K. Large                       for Amicus Curiae

            Toronto, ON