Date: 19981104
Docket: T-270-98
Ottawa, Ontario, the 4th day of November 1998
Present: the Honourable Mr. Justice Pinard
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
Yin Hongbing
Appellant
JUDGMENT
The appeal from the decision of a Citizenship Judge, dated January 15, 1998, refusing the appellant"s application for citizenship, is dismissed.
YVON PINARD
JUDGE
Certified true translation
M. Iveson
Date: 19981104
Docket: T-270-98
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
Yin Hongbing
Appellant
REASONS FOR JUDGMENT
PINARD J.:
[1] This is an appeal, in the nature of a de novo proceeding, from a decision of a Citizenship Judge, dated January 15, 1998, refusing the appellant"s application for citizenship on the ground that he did not meet the residence requirements set out in paragraph 5(1)(c ) of the Citizenship Act (the Act). This provision reads as follows:
| 5. (1) The Minister shall grant citizenship to any person who
. . .
(c) has been lawfully admitted to Canada for permanent residence, has not ceased since such admission to be a permanent resident pursuant to section 24 of the Immigration Act, and has, within the four years immediately preceding the date of his application, accumulated at least three years of residence in Canada calculated in the following manner:
| (i) for every day during which the person was resident in Canada before his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one-half of a day of residence, and |
| (ii) for every day during which the person was resident in Canada after his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one day of residence; |
(Emphasis added.)
|
5. (1) Le ministre attribue la citoyenneté à toute personne qui, à la fois :
. . .
c) a été légalement admise au Canada à titre de résident permanent, n'a pas depuis perdu ce titre en application de l'article 24 de la Loi sur l'immigration, et a, dans les quatre ans qui ont précédé la date de sa demande, résidé au Canada pendant au moins trois ans en tout, la durée de sa résidence étant calculée de la manière suivante:
| (i) un demi-jour pour chaque jour de résidence au Canada avant son admission à titre de résident permanent; |
| (ii) un jour pour chaque jour de résidence au Canada après son admission à titre de résident permanent. |
(Mon emphase.)
|
[2] The appellant"s application for citizenship is dated May 26, 1997, and he entered Canada for the first time on June 30, 1994. It is accordingly clear, in light of these material dates, that the appellant could not have been resident in Canada during the required minimum period of three years.
[3] The appellant explained that his haste to make his application for citizenship was due to his ignorance of the Act and his faith in information obtained from public servants who allegedly told him that he could make his application up to six months before accumulating three years of residence in Canada. Unfortunately, these excuses are not valid in law. As I am bound by the Act and particularly paragraph 5(1)(c), supra, I must conclude, as did the Citizenship Judge, that the application for citizenship was premature. As I indicated to the appellant during the hearing, he may always bring a new application for citizenship if the requirements of the Act are met.
[4] For these reasons, the appeal is dismissed.
YVON PINARD
JUDGE
OTTAWA, ONTARIO
November 4, 1998
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-270-98
STYLE OF CAUSE: Citizenship v. Yin Hongbing
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 21, 1998
REASONS FOR JUDGMENT BY: The Honourable Mr. Justice Pinard
DATED: November 4, 1998
APPEARANCES:
Yin Hongbing for the appellant (representing himself)
Jean Caumartin for the amicus curiae
SOLICITORS OF RECORD:
Jean Caumartin
Montréal, Quebec for the amicus curiae
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