Date: 20001213
Docket: T-581-00
BETWEEN:
YUAN QUAN WU
Appellant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL, J.
[1] The present appeal is from a carefully written decision of a Citizenship Judge, who, in the course of her reasons, addressed the appellant with the statement: "as you left Canada a week after landing, you could not be said to have established residence or centralized your living here in that time". While I find no error in the Citizenship Judge's findings of law, I find there is a fundamental error of fact. Indeed, the record proves that the appellant remained in Canada for one month after landing.
[2] As I found in Shaw Hua Hsu v. MCI (1999) F.C.J. No. 211 (Court File No. T-1569-98, decided February 11, 1999), a fundamental factual error can be a ground for allowing an appeal by an unsuccessful applicant for citizenship. As I found in Hsu, in the present case I find that the error of fact is of such a quality as to potentially create an erroneous state of mind in the Citizenship Judge which is manifestly unfair to the appellant. Accordingly, I allow this appeal.
[3] I award costs to the appellant in the sum of $1,000.00.
(Sgd.) "Douglas Campbell"
Judge
December 13, 2000
Vancouver, British Columbia
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| STYLE OF CAUSE: Yuan Quan Wu |
v.
MCI
| PLACE OF HEARING: Vancouver, British Columbia |
| DATE OF HEARING: December 13, 2000 |
| REASONS FOR ORDER AND ORDER OF CAMPBELL, J. |
APPEARANCES:
| Mr. Lawrence Wong For the Appellant |
| Ms. Rama Sood For the Respondent |
SOLICITORS OF RECORD:
Lawrence Wong & Associates
Barristers and Solicitors
| Vancouver, BC For the Appellant |
Morris Rosenberg
Deputy Attorney
| General of Canada For the Respondent |
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