Canada ( Minister of Multiculturalism and Citizenship ) v. Shanshal
T-17-92
Rothstein J.
26/3/93
11 pp.
Appeal from decision of Citizenship Judge approving respondent's application for grant of Canadian citizenship -- Whether respondent had accumulated at least three years of residence in Canada within four years immediately preceding date of application for citizenship under Citizenship Act, s. 5(1)(c) -- Respondent physically present in Canada for 740 out of 1476-day period immediately preceding date of application -- Landed immigrant status granted in October 1985 -- Religious marriage with citizen of United Kingdom celebrated in England in July 1987-Four-year period prior to respondent's citizenship application commenced on March 7, 1987 -- Respondent having ordinary mode of living in England while cohabiting with husband -- Connection to England during preparation for religious marriage much closer than connection to Canada -- Respondent not maintaining residency in Canada during said period -- Ordinary mode of living maintained in England from January 18, 1988 to September 26, 1989-Respondent showing intention to reside in Canada after divorce proceedings commenced -- No evidence of temporary absence to continue education in England during relevant four-year period -- Finding reason for temporary absence being marriage in England not consonant with evidence -- Requirement of s. 5(1)(c) not met-Appeal allowed -- Citizenship Act, R.S.C., 1985, c. C-29, ss. 5(1)(c), 14(5).