T-1454-96
IN THE MATTER OF THE CITIZENSHIP ACT,
R.S.C.
1985, c, C-29
AND IN THE MATTER OF an appeal form the
decision
of a Citizenship Judge
AND IN
THE MATTER OF
YIPING
(PETER) ZHUANG
Appellant
REASONS
FOR ORDER
(Delivered
orally from the Bench
at Toronto, Ontario, on
March 12, 1997, as edited)
McKEOWN J.
This
matter came for hearing before me at Toronto on March 12, 1997.
The
appellant appeals the decision of the Citizenship Judge dated April 24, 1996,
refusing his application for citizenship on the basis that he did not meet the
requirement of residence for a Canadian citizen under paragraph 5(1)(c) of the Citizenship
Act (the Act).
The
issue is whether or not the appellant satisfied the residence requirements
enunciated in paragraph 5(1)(c) of the Act. At the time the appellant appeared
before the Citizenship Judge, he had been in Canada 892 days; he has been in
Canada 350 days since that time. The appellant is employed in the Toronto area
as a systems engineer and has a Ph.D degree in electrical engineering. His
wife is also an electrical engineer and she has applied for Canadian
citizenship. He has centralized his mode of living in Canada. The Citizenship
Judge did not have the additional information that the appellant had spent the
last year in Canada except for a couple of days on a business trip to the
United States.
I
am satisfied that the appellant has met the requirements of paragraph 5(1)(c)
of the Act and has residence in Canada, as required thereunder. Accordingly,
the appeal is allowed.
_______________________________
Judge
OTTAWA, ONTARIO
April 16, 1997
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