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Lo ( Re )

T-1908-92

Teitelbaum J.

18/3/93

5 pp.

Appeal from refusal of citizenship based on failure to satisfy residency requirement in Citizenship Act, s. 5(1)(c)-Appellant attending school in Canada from 1972 to 1975-Admitted to Canada for permanent residency with wife in 1988-Before coming to Canada, sold home in Hong Kong, car, quit job, shipped all furniture to Canada-Purchased home, car in Canada-Incorporated Canadian company in 1991 for which carries on consulting work-Obtained car insurance, opened bank accounts and health insurance-305 days short of required 1,095 days-Purpose of residency requirement to ensure successful citizenship applicants "Canadianized" by rubbing elbows with Canadians i.e. to avoid granting Canadian citizenship to foreigner in experience, social adaptation, thought, outlook: Pourghasemi (Re), [1993] 1 F.C. D-2 (T.D.)-Appeal allowed-Citizenship Judge erred in deciding appellant not actually residing among Canadians-Omitted reference to three years spent attending Canadian school-Appellant doing everything necessary to establish home, business in Canada-Appellant in fact "Canadianized"-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).

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