Canada (Minister of Citizenship and Immigration) v. Lin, docket T-1016-98

Date: 19990115

Docket: T-1016-98

BETWEEN:

     Appellant,

     Respondent.

     REASONS FOR JUDGMENT

DUBE, J.

[1]      The Minister appeals the decision of a citizenship judge dated March 26, 1998, approving the application of the respondent for a grant of Canadian citizenship under s. 5(1) of the Citizenship Act (the "Act").

[2]      The issue is one of residency. The respondent was physically present in Canada for only 185 days. The respondent, therefore, had a shortage of 910 days with respect to meeting the minimum requirement of at least three years residence in Canada within the four years immediately preceding the date of her application. In her long absences the respondent worked for the family business in Taiwan. She lived only nine days in Canada after landing. The evidence on record does not show that during that short period she has centralized her mode of living in this country.

[3]      Consequently, the citizenship judge erred in law and the appeal is allowed.

                             (Sgd.) "J.E. Dubé"

                                 J.F.C.C.

Vancouver, British Columbia

15 January 1999

     FEDERAL COURT TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:              T-1016-98

STYLE OF CAUSE:          MINISTER OF CITIZENSHIP AND

                     IMMIGRATION

                     v.

                     HSIAO PIN LIN

PLACE OF HEARING:          Vancouver, British

REASONS FOR JUDGMENT OF DUBE, J.

dated January 15, 1999

APPEARANCES:

SOLICITORS OF RECORD:

     Morris Rosenberg          for the Appellant

     Deputy Attorney General

     of Canada