Date: 19990126
Docket: T-1244-98
BETWEEN:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Appellant,
- and -
SUNG HENG CHANG,
Respondent.
REASONS FOR JUDGMENT
DUBÉ, J.
[1] The Minister of Citizenship and Immigration (the "Minister") appeals from the decision of a citizenship judge dated April 21, 1998, approving the application of the Respondent for a grant of citizenship under subsection 5(1) of the Citizenship Act.
[2] The Respondent has been physically present in Canada for only 650 days and had a shortage of 445 days with respect to meeting the minimum requirement of at least three years residence in Canada within the four years immediately preceeding the date of his application.
[3] The Respondent was born on August 29, 1954 in Taiwan. He entered Canada and was granted landed immigrant status on November 8, 1992. At the time of his entry he was accompanied by his wife, Hsiu-Mei Chang. On August 18, 1997, he completed an adult application for Canadian citizenship.
[4] The Respondent did not file a record in response to the instant appeal and did not appear in Court for the hearing although he was duly notified. The situation is the same with respect to his wife, who was also granted citizenship and who is the Respondent in a parallel appeal by the Minister (Court file #T-1243-98).
[5] In the brief reasons for her decision, the Citizenship Judge wrote as follows:
| Chang, Sung Heng File #204967 |
| he is short 445 days, which have been spent mostly on marketing trips to Taiwan and elsewhere. He has no permanent residence abroad, but stays with his mother or in a hotel. He has established three companies incorporated in British Columbia. although there is no documentation to establish him as a business immigrant, he would apparently meet the criteria, as he is doing business as a developer of residential buildings and employs eight people as well as construction trades. |
| He has established his residence in Canada, and has provided documentation to support that: |
| - has travelled on returning resident permits |
| - copy of B.C. Drivers Licence, B.C. Carecard, SIN card |
| - Bank account in Richmond, B.C. |
| - Builder registration and letter of credit, new Home Warranty program |
| - Paid corporation Capital tax to B.C. |
| - certificate of title for home and business properties |
| - telephone bills |
| - Income tax returns 1994-7 |
[6] As I have stated on many occassions, residency in Canada for the purposes of citizenship does not imply full time physical presence pursuant to the well known decision of the then Associate Chief Justice Thurlow in the Papadogiorgakis case [1978] 2 F.C. 108. In my view, one of the most eloquent indicia of residency is the permanent establishment of a person and his family in the country. In the case at bar, the Respondents have no children. They travel together and they live more often outside Canada than here. It cannot be said that, in mind and fact, they have settled into and have centralized their ordinary mode of living in Canada. The fact that they have not taken the trouble to participate in this appeal does not show much interest in their maintaining citizenship in Canada.
[7] Consequently, this appeal is allowed.
(Sgd.) "J.E. Dubé"
J.F.C.C.
Vancouver, British Columbia
January 26, 1999
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
HEARING DATED: January 26, 1999
COURT NO.: T-1244-98
STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
v.
SUNG HENG CHANG
PLACE OF HEARING: Vancouver, BC
REASONS FOR JUDGMENT OF DUBÉ, J.
dated January 26, 1999
APPEARANCES:
Ms. Emilia Pech for Appellant
SOLICITORS OF RECORD:
Morris Rosenberg for Appellant
Deputy Attorney General
of Canada