Citizenship and Immigration
Status in Canada
Citizens
Appeal from Citizenship Judge’s denial of citizenship application for failure to meet residency requirement under Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c)—Applicant, United Kingdom citizen, and family admitted to Canada as permanent residents in 1996—Filing citizenship application in 2005—Citizenship Judge failing to make finding of whether applicant had established residency prior to four-year period under Act for determination of residence—Also wrongly emphasizing number of days of actual physical presence in Canada even though applying centralized mode of living test—Although Lam v. Canada (Minister of Citizenship and Immigration) (1999), 164 F.T.R. 177 (F.C.) concluding citizenship judge may adopt one of three residency tests (strict physical presence; quality of attachment; centralized mode of living) set out in case law, citizenship should not be determined on basis of mere chance as to which test chosen—Area cries out for resolution—Citizenship Judge also failing to properly consider quality of connection with Canada—Appeal allowed.
Wong v. Canada (Minister of citizenship and Immigration) (T-1165-07, 2008 FC 731, Phelan J., judgment dated June 12, 2008, 10 pp.)