Date: 19981103
Docket: T-2234-97
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
HING TAT HEIDI TSANG
Appellant
- AND -
Docket: T-2235-97
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
YUK TAT HEIDI TSANG
Appellant
REASONS FOR ORDER
REED, J.:
[1] I make this decision with some regret because I am of the view that the appellant, Hing Tat Heidi Tsang, and her mother, Yuk Tat Heidi Tsang, would make excellent Canadian citizens. They appeal decisions of the Citizenship Judge that found they had not fulfilled the residency requirements of paragraph 5(1)(c) of the Citizenship Act.
[2] Paragraph 5(1)(c) requires applicants for citizenship to have resided within Canada for three years within the four year period preceding their application for citizenship (1095 days). The appellant and her mother spent approximately 100 days within Canada during the relevant period. They were absent for 1055 days. (They applied before the expiration of the four year period.)
[3] The appellant, Hing Tat Heidi Tsang, operates a fashion consultant business that requires a great deal of travel abroad to attend trade shows, fairs and conferences. For example, she spends approximately three months a year in Milan because it is a world fashion centre. Her mother accompanies her.
[4] The appellant and her mother have purchased a home in Vancouver as well as a second house, the latter being rented. They also have an apartment in Toronto. The appellant has a car in Vancouver, a car in Toronto, and a car in Hong Kong. When in Hong Kong she resides with her sister and brother-in-law in her mother's home. She has paid taxes, as a Canadian resident, on her world wide income for approximately the last six years; she has a Canadian incorporated company, and has made significant financial contributions to the Royal Ontario Museum and to charitable organizations such as the Buddha's Light International Association of Toronto.
[5] Despite the evidence of Ms. Hing Tat Heidi Tsang's financial participation in the life of this country and her acquisition of the usual indicia of residence, I cannot conclude that her absences from the country can be deemed presence here. In giving evidence, she expressed her intention, on at least two occasions, as being to become more a part of the life of the Canadian community in the future. More important, however, since these statements could have been merely a particular manner of expressing herself, is the fact that her absences from Canada were very very extensive. Her pattern of travel shows her going to Hong Kong on the occasion of each absence (and then perhaps secondarily to Italy, or Spain, or Japan, or several of those countries). The pattern shows a return to Hong Kong, not Canada. Her absences are not temporary in nature. There has been no extended period of time spent in Canada before the recent absences. I cannot conclude that the appellants have a closer connection with Canada than with Hong Kong. I cannot conclude that they have centralized their mode of living here.
[6] For the reasons given I must therefore, with regret, dismiss the appeals.
"B. Reed"
Judge
Toronto, Ontario
November 3, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-2234-97
| STYLE OF CAUSE: 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 |
| HING TAT HEIDI TSANG |
Appellant
| - AND - |
| COURT NO: T-2235-97 |
| STYLE OF CAUSE: 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 |
| YUK TAT HEIDI TSANG |
Appellant
DATE OF HEARING: TUESDAY, NOVEMBER 3, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: REED, J.
DATED: TUESDAY, NOVEMBER 3, 1998
APPEARANCES: Mendel M. Green, Q.C.
For the Appellants
Mr. Peter K. Large
Amicus Curiae
| SOLICITORS OF RECORD: Green & Spiegel |
| Barristers & Solicitors |
| Box 114, Standard Life Ventre |
| 2200-121 King Street West |
| Toronto, Ontario |
| M5H 3T9 |
| For the Appellants |
| Peter K. Large |
| 610-372 Bay Street |
| Toronto, Ontario |
| M5H 2W9 |
| Amicus Curiae |
FEDERAL COURT OF CANADA
Date: 19981103
Docket: T-2234-97
| 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 |
| HING TAT HEIDI TSANG |
Appellant
| - AND - |
Docket: T-2235-97
| 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 |
| YUK TAT HEIDI TSANG |
Appellant
REASONS FOR ORDER