Wong (Re), docket T-750-96

     T-750-96

     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

     Tin Chun Wong

     Appellant

     REASONS FOR JUDGMENT

     (Delivered orally on the Bench

     at Vancouver, B.C. on May 2, 1997, as edited)

McKEOWN J.

     The appellant appeals the decision of a Citizenship Judge dated March 15, 1996 refusing his application for citizenship on the basis that he did not meet the requirements of residence for a Canadian citizen under paragraph 5.1(c) of the Citizenship Act.

     The issue is whether or not the appellant satisfied the residence requirement set out in paragraph 5.1(c).

     The appellant was born in China, moved to Hong Kong when he was four years old and came to Canada when he was 18 years old on August 31, 1987 to study. He obtained permanent residence status on December 14, 1993, and he applied for citizenship on December 31, 1995.

     The Citizenship Judge miscalculated the amount of time spent by the appellant in Canada because one of the documents in front of her indicated that he entered Canada on June 1, 1993. For the period prior to obtaining permanent residence status the appellant should have been credited with 341 days and if this is added on to the 737 days subsequent to obtaining permanent residence status it gives a total of 1078 days which is only 17 days short of the amount required under the Citizenship Act.

     Since obtaining permanent residence status the appellant has been absent from Canada only 44 days. He has been employed in the Vancouver area since September 1993. He is married to a Canadian citizen. He lives in Richmond. He has clearly centralized his mode of residence in Canada and has demonstrated his intention to make Canada his country of residence.

     The appeal is allowed.

                             "William P. McKeown"

                                     Judge

TORONTO, ONTARIO

May 16, 1997

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                      T-750-96

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

Tin Chun Wong

     Appellant

DATE OF HEARING:              MAY 2, 1997

PLACE OF HEARING:              VANCOUVER, B. C.

REASONS FOR ORDER BY:      McKEOWN, J.

DATED:                      MAY 16, 1997

APPEARANCES:

                         Mr. Tin Chun Wong

                         For the Appellant

                     Ms. J.D. Fisher

                         Amicus Curiae

SOLICITORS OF RECORD:

                     Mr. Tin Chun Wong

                     404 - 7100 Gilbert Road

                     Richmond, B.C.

                     V7C 5C3

                         For the Appellant

                     Watson Goepel, Maledy

                     P.O. Box 49096

                     3023-595 Burrard Street

                     Vancouver, B.C.

                     V7X 1G4

                     George Thomson

                     Deputy Attorney General

                     of Canada

                         Amicus Curiae

                     FEDERAL COURT OF CANADA

                     Court No.:      T-750-96

                     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

Tin Chun Wong

     Appellant

                     REASONS FOR JUDGMENT