Wang v. Canada ( Minister of Citizenship and Immigration )
T-1881-98
Reed J.
1/4/99
5 pp.
Appeal from denial of citizenship based on failure to meet residency requirements-Applicant came to Canada as student in 1989-Granted landing as permanent resident in 1995-Applied for citizenship September 12, 1997-Period of time in Canada before becoming landed immigrant counted towards fulfilment of residency requirements-70 days short of 1095 days required by Citizenship Act, s. 5(1)(c)-When Citizenship Judge interviewed applicant on June 19, 1998 ascertained wife, Canadian-born child returned to Hong Kong; father returned to China; mother remained in China; applicant residing in China since September 1997, having taken indefinite leave of absence from job, because of mother's illness, and having no plans to return to Canada after return to China two days after interview-Citizenship Judge took these factors into consideration when assessing whether or not applicant's absences from Canada between September 12, 1993 and September 12, 1997 should count as residence within country-Crucial factor whether Citizenship Judge erred in law in taking into account events occurring after September 12, 1997-Question whether citizenship applicant clearly and definitively established home in Canada with transparent intention of maintaining permanent roots in this country: Re Ho, [1997] F.C.J. No. 1747 (T.D.) (QL)-Events subsequent to application for citizenship illuminating quality of connection to Canada at earlier time relevant to Citizenship Judge's evaluation, and Citizenship Judge cannot be faulted for taking them into account-Events subsequent to September 12, 1997 clearly demonstrating, even if applicant had at one time intended to permanently establish himself in Canada, this intention abandoned by date of application for citizenship-Appeal dismissed-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).