CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Citizens |
Canada (Minister of Citizenship and Immigration) v. Xiong
T-949-03
2004 FC 1129, Phelan J.
13/8/04
6 pp.
Respondent, citizen of China spent nine days in Canada in sister's apartment returned to United States to continue studies, returning to Canada on holidays--Husband lives in Canada--Many family members Canadian citizens-- Physically present in Canada for 329 days out of three years required--Respondent relied on Canada (Secretary of State) v. Man (1986), 2 Imm. L.R. (2d) 256 (F.C.T.D.)--Law has developed since then--Case law now requiring citizenship applicants to demonstrate established residence in Canada at least three years prior to application and have maintained established residence throughout that time--Citizenship Judge not addressing first issue (establishment of residence) and accordingly erred in law--Placed undue weight on presence of family in Canada--Just because husband and child resident in Canada not making respondent resident in Canada-- Application allowed--Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c) (as am.by S.C. 2001, c. 27, s. 228).