Date: 19990115
Docket: T-1017-98
BETWEEN:
IN THE MATTER OF THE CITIZENSHIP ACT, R.S.C. 1985, c. C-29
| AND IN THE MATTER OF an appeal from the decision of a |
| Citizenship Judge |
| AND IN THE MATTER OF |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION, |
Appellant,
| - and - |
| IVAN TAM, |
Respondent.
REASONS FOR JUDGMENT
DUBE, J.
[1] This appeal under section 14.5 of the Citizenship Act (the "Act") is from the Minister of Citizenship and Immigration attacking a decision of the Citizenship Judge dated March 19, 1998, approving the application of the respondent for a grant of Canadian citizenship under subsection 5(1) of the Act.
[2] The respondent has been physically present in Canada for only 180 days and, therefore, has a shortage of 915 days with respect to meeting the minimum requirement of at least three years residence in Canada within the four years immediately preceding the date of his application for Canadian citizenship.
[3] The respondent entered Canada on a student visa to attend Douglas College in Richmond, British Columbia on July 31, 1990. After graduation in 1992, he attended the University of Wisconsin at Madison, USA.
[4] According to the case of Papadogiorgakis, [1978] 2 F.C. 108, a student outside the country attending an American university is considered to have not ceased to reside in Canada during his or her absences. In that case, the Associate Chief Justice, Thurlow, J. (as he then was), wrote at p. 214:
| "It is, ... "chiefly a matter of the degree to which a person in mind and fact settles into or maintains or centralizes his ordinary mode of living with its accessories in social relations, interests and conveniences at or in the place in question."". |
[5] However that student had established and centralized his ordinary mode of living in Canada before going outside the country to pursue his education. Unfortunately, according to the information on file, the respondent in this instance has not done so. Moreover, he was not even present or represented at the hearing of this appeal, although duly served with a notice of appeal. His absence does not show much interest on his part in securing Canadian citizenship.
[6] Consequently the appeal is allowed.
(Sgd.) "J.E. Dubé"
J.F.C.C.
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-1017-98
STYLE OF CAUSE: MINISTER OF CITIZENSHIP AND
IMMIGRATION
v.
IVAN TAM
PLACE OF HEARING: Vancouver, British
| DATE OF HEARING: January 15, 1999 |
REASONS FOR JUDGMENT OF DUBE, J.
dated January 15, 1999
APPEARANCES:
| Ms. Larissa Easson for the Appellant |
| No one appearing for the Respondent |
SOLICITORS OF RECORD:
Morris Rosenberg for the Appellant
Deputy Attorney General
of Canada
| Ivan Tam for the Respondent |
| 7720 Glacier Crescent |
| Richmond, BC |
| V7A 1L5 |