Hui ( Re )
T-1843-92
Muldoon J.
25/2/94
14 pp.
Appeal from denial of Canadian citizenship application for failure to meet residence requirement of Citizenship Act, s. 5(1)(c) -- Applicant entered Canada in 1988 with wife and children -- Purchased home, filed income tax, maintained bank accounts, paid provincial medical premiums -- Not terminating employment in Hong Kong until one year after initial entry -- During three years, three months preceding application, absent from Canada 636 days -- Needed 1,095 days in Canada, and had only 558 days -- Citizenship Act, s. 5(1)(c) requiring three years of residence in Canada within four years preceding date of citizenship application -- Application premature as made before residing in Canada over interrupted span of four years -- Without ceasing to be permanent resident, and upon accumulating three years of residence calculated in day-by-day manner one can meet residence criterion -- Day-by-day accumulation of residence expressed in manner bespeaking presence in Canada-Residing in Canada not to be accomplished by being absent from Canada, except pursuant to s. 5(1.1) -- Parliament intended to confer citizenship on persons who have been "in residence" in Canada, for three years during previous four -- Intention to confer citizenship on applicants who have "Canadianized" themselves by residing among Canadians in Canada -- Not accomplished abroad, nor by depositing bank accounts, rental payment, furniture, clothing, goods, spouses, children in Canada, while remaining personally outside Canada -- Term "at least" three years indicating Parliament disregarding fact some applicants Canadianized in less time-Legislator considered potential problem under s. 5(1)(c), and provided for resolution by citizenship judges, but not by Federal Court Judges -- Resolution reserved to Minister's discretion under s. 5(3), in regard to which that citizenship judge may make recommendation -- S. 5(4) according further discretion to waive requirements of Act in cases of special and unusual hardship-Citizenship Judge deciding against such affirmative recommendation-Federal Court not empowered to intervene with that decision-Power of retro-reference must be conferred by specific legislation-No such specific jurisdiction in Citizenship Act -- Appellant's lack of prescribed time of residence in Canada, prematurity of initial application, leading to conclusion appeal should be dismissed-Citizenship Act, R.S.C., 1985, c. 29, s. 5(1)(c),(3),(4).