Chan ( Re )
T-2414-92
Rouleau J.
9/11/93
6 pp.
Appeal from denial of citizenship for failure to satisfy residency requirement of Citizenship Act, s. 5(1)(c) -- Appellant granted landed status on August 6, 1987 -- Only physically present in Canada for 213 days during four-year period immediately preceding application -- Citizenship Judge comparing appellant to Asian businessmen, entrepreneurs who establish all necessary indicia of residence, and then return to former country to enjoy continued employment there -- Holding not fulfilling Parliament's intention to attract quality individuals to Canada who would work hard for benefit of nation -- Appeal allowed -- Court adopting more liberal approach to interpretation of residency requirements since 1978 amendments to Citizenship Act and Papadogiorgakis (In re) and in re Citizenship Act, [1978] 2 F.C. 208 (T.D.) -- Continued physical presence in country not determinative of issue of "residency" -- Circumstances of each case considered -- Strict interpretation still given in some instances -- Appellant establishing pied-à-terre in Canada, and despite absences, not demonstrating intention to abandon Canadian residency -- Attempting to find suitable employment in Canada -- Involvement with Swedish company starting out as Canadian venture, but when business failed had choice of accepting position involving extensive travel outside country or resumption of possibly fruitless search for employment in Canada -- Not choosing "business strategy requiring him to work outside Canada" as in Leung, Re (1991), 42 F.T.R.. 149 (F.C.T.D.) -- Unlike (Re) Lau, T-136-91, Dubé J., judgment dated 6/2/92, 4 pp., F.C.T.D., not yet reported, appellant not owning businesses in Hong Kong, and had severed former employment ties -- Appellant having strong family ties in Canada -- Continued presence in Canada of wife and sons (all Canadian citizens) constituting testimony of intentions to make Canada home -- Citizenship Judge's finding appellant precisely kind of individual Canada needs meriting liberal interpretation of s. 5(1)(c): Kleifges (In re) and in re Citizenship Act, [1978] 1 F.C. 734 (T.D.) -- Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).