Li (Re), docket T-2461-96

Date: 19971210

Docket: T-2461-96

BETWEEN:

     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

     KWOK-TING TERESA CHEN LI,

     Appellant.

     REASONS FOR JUDGMENT

     (Delivered from the Bench at Toronto, Ontario

     on Tuesday, December 9th, 1997, as edited)

ROTHSTEIN, J.:

[1]      In this citizenship appeal, the evidence is that the appellant seems to have been physically present in Canada for vast majority of the time in the first few years after her landing in 1991. However, she was divorced and remarried in 1993. The evidence is clear that since 1993, the appellant has not centralized her mode of living in Canada. She accompanies her husband to his work in Hong Kong and is out of the country ten to eleven months per year. Their infant daughter accompanies them. There is little other indicia of her establishing a presence in Canada.

[2]      The applicant has not established that she has met the residence requirement of section 5 of the Citizenship Act. Her goal may be to reside in Canada but, for purposes of the Citizenship Act, she did not do so during a three year period prior to her citizenship application.

[3]      It would be more appropriate that she reapply for Canadian citizenship when her ties to Canada are stronger and, preferably when she accumulates a greater degree of physical presence in this country. The appeal must be dismissed.

"Marshall Rothstein"

Judge

Toronto, Ontario

December 10, 1997

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

DOCKET:                      T-2461-96

STYLE OF CAUSE:                  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

KWOK-TING TERESA CHEN LI,

DATE OF HEARING:              DECEMBER 9, 1997

PLACE OF HEARING:              TORONTO, ONTARIO

REASONS FOR JUDGMENT BY:          ROTHSTEIN, J.

DATED:                      DECEMBER 10, 1997

APPEARANCES:                  Mr. Gerald W. Kinasz

                            

                             For the Appellant

                         Mr. Peter K. Large

                             Amicus Curiae

SOLICITORS OF RECORD:          ABRAHAM DUGGAN

                         Barristers & Solicitors

                         17 Dundonald Street

                         Toronto, Ontario

                         M4Y 1K3

                             For the Appellant

                         Peter K. Large

                         Barrister and Solicitor

                         610-372 Bay Street

                         Toronto, Ontario

                         M5H 2W9

                             Amicus Curiae

                          FEDERAL COURT OF CANADA

Date: 19971209

Docket: T-2461-96

                         BETWEEN:

                         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

KWOK-TING TERESA CHEN LI,

     Appellant

                        

            

                         REASONS FOR JUDGMENT