Date: 20020911
Docket: T-1367-01
Neutral Citation: 2002 FCT 963
BETWEEN:
MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
- and -
SU-LIN CHEN
Respondent
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] The Minister of Citizenship and Immigration brings this application to appeal the decision of a Citizenship Judge, dated June 6, 2001, wherein the Respondent's application for Canadian citizenship was approved.
[2] The sole issue is whether the Citizenship Judge erred in determining that the Respondent satisfied the residence requirements under paragraph 5(1)(c) of the
Page: 2
Citizenship Act, R.S.C. 1985, c. C-29 (the "Act"), namely, whether she accumulated at least three years of residence in Canada within the four years immediately proceeding the date of the application for permanent residence.
[3] This Court is divided on the manner in which residence can be accumulated in order to meet the requirements of paragraph 5(1)(c). Accordingly, it has been determined that citizenship judges are permitted to apply the test of their choosing and that the function of the judge sitting in appeal is to verify that the test has been applied properly (Canada (M.C.I.) v. Mindich (1999), 170 F.T.R. 148 at p.151).
[4] In the present case, the Citizenship Judge chose to follow the test set out in Koo (Re), [1993] 1 F.C. 286. It is the Applicant's position that this test was misapplied. I disagree. In my opinion, there is no indication in the present case that the Citizenship Judge did not properly apply the factors outlined in Koo.
[5] The Citizenship Judge adopted a form in which all six factors identified in Koo were correctly and expressly set out (Citizenship Court Record, pp.81-82). The Applicant essentially takes issue with the lack of weight afforded to one of the factors mitigating against the Respondent, namely, her extended absences in Taiwan to supervise her business. However, the test identified in Koo allows a citizenship judge to look beyond physical presence in Canada to other factors such as the quality of connection in Canada.
[6] In the present case, the Citizenship Judge afforded greater weight to the fact that the Respondent's company in Taiwan is now dormant and the Respondent will no longer be required to leave Canada for extended periods to supervise the business. In addition, the Citizenship Judge found that the Respondent had a substantial connection to Canada in terms of family and community involvement.
[7] In my opinion, these factors are capable of supporting the Citizenship Judge's conclusion that the Respondent met the residence requirements of the Act.
O R D E R
Accordingly, the appeal is dismissed.
"Douglas R. Campbell"
Judge
Calgary, Alberta
September 11, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1367-01
STYLE OF CAUSE:Minister of Citizenship and Immigration
v. Su-Lin Chen
PLACE OF HEARING: Calgary, Alberta
DATE OF HEARING: September 11, 2002
REASONS FOR ORDER AND ORDER : CAMPBELL, J.
DATED: September 11, 2002
APPEARANCES:
Mr. Rick Garvin FOR APPLICANT
Ms. Su-Lin Chen FOR RESPONDENT
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General for Canada FOR APPLICANT
Ms. Su-Lin Chen
Three Hills, Alberta FOR RESPONDENT
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