Lo ( Re )
T-792-95
Reed J.
5/1/96
4 pp.
Plain reading of Citizenship Act, s. 5(1)(c) indicating physical residence within Canada for 1,095 of 1,460 days preceding date of application for citizenship required to be granted citizenship-No consistency among Federal Court decisions on whether physical absence to be treated as residence-Demoralizing for citizenship judges; disheartening, mystifying for appellants-Situation crying out for legislative redress-Providing for appeals from Trial Division decisions would do much to cure situation-Appellant within Canada for 155 of 1,095 days required-Wife and children remaining in Canada-Owning house, having S.I.N., bank accounts, credit cards, filing Canadian income tax return-Opened factory in Niagara Falls in 1989, employing 85-90 people-Plant unsuccessful-Appellant working abroad to pay interest on company's debts-Application of factors identified in Re Koo, [1993] 1 F.C. 286 (T.D.)-Quality of appellant's residence in Canada not supporting conclusion Canada country in which regularly, normally or customarily living-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).