Date: 19980525
Docket: T-2842-96
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,
FAI ALEX CHAN
Respondent.
REASONS FOR JUDGMENT
ROTHSTEIN, J.:
[1] This is an appeal by the Minister from a decision of the Citizenship Court to grant Canadian citizenship to the appellant. The issue is residency.
[2] Counsel for both parties agreed that for purposes of this case, the relevant criteria are those set forth in Re Koo, [1993] 1 F.C. 286. As in most cases, the respondent here satisfies some of the criteria set forth in Re Koo and does not satisfy other. The test, as Reed J. has put it in Re Koo is whether Canada is the place where the respondent "regularly, normally or customarily lives"; where the respondent has centralized his mode of existence.
[3] The fact that an appellant continues to work outside of Canada is not determinative against him in all cases. Here, over the relevant time, the respondent returned to Canada frequently from his numerous business trips abroad. His business trips were to a number of Asian countries as well as to Hong Kong. He sold all of his properties abroad. He incorporated a Canadian company which, although it has not been profitable, is an operating company. He has declared his foreign income on his Canadian income tax return.
[4] In all the circumstances, the appellant has not satisfied me that the learned Citizenship Court Judge erred in approving the respondent's application for citizenship. The appeal is dismissed.
(Sgd.) "Marshall E. Rothstein"
Judge
Vancouver, B.C.
May 25, 1998
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
HEARING DATED: May 19, 1998
COURT NO.: T-2842-96
STYLE OF CAUSE: Citizenship Act
v.
Fai Alex Chan
PLACE OF HEARING: Toronto, ON
REASONS FOR JUDGMENT OF ROTHSTEIN, J.
dated May 25, 1998
APPEARANCES:
Ms. Sally Thomas for Appellant
Mr. J. Norris Ormston for Respondent
Mr. Peter K. Large for Amicus Curiae
SOLICITORS OF RECORD:
George Thomson for Appellant
Deputy Attorney General
of Canada
J. Norris Ormston
Toronto, ON for Respondent
Peter K. Large for Amicus Curiae
Toronto, ON