Sun ( Re )
T-2755-91
Noël J.
12/11/92
7 pp.
Naturalization-Residency requirements-Appellant, citizen of People's Republic of China, arriving in Canada in 1980 -- Attending university, married Canadian citizen in 1985 -- In 1986 becoming permanent resident and leaving for Hong Kong to care for husband's mother -- Between departure from Canada and application for citizenship, appellant physically present in Canada during three visits lasting one month -- Maintained returning resident permit -- Appeal allowed -- Where physical absence during statutory period, proof of continued residence requiring evidence as to temporary nature of absence, clear intent to return, and existence of sufficient factual ties with Canada to assert residence in fact during period -- Where absent during quasi-totality of statutory period, must also show clear evidence as to reason for continued absence, which reason must not be inconsistent with intent to retain Canada as country of residence, and demonstrate continued absence not resulting in adoption of another country as country of residence -- Absence to care for husband's mother, thus allowing mother-in-law to remain in country of origin, not inconsistent with desire to maintain Canada as country of residence -- Factual ties with Canada remaining as strong as when left -- Both appellant and husband clearly interweaving selves in Canadian fabric prior to departure, socially and professionally -- Pied-à-terre maintained in sister-in-law's residence at Pierrefonds, Quebec -- Husband maintaining membership in Canadian Institute of Chartered Accountants -- Family savings held in Canadian currency in Canadian banks -- Husband repeatedly requesting transfer to Canada -- Court accepting statement of intention never to return to China and evidence stay in Hong Kong temporary -- Appellant's family will have left Hong Kong well before political sovereignty reverting back to China -- Staying in Hong Kong only until husband finding employment in Canada and able to make alternative arrangements for care of mother-in-law -- Facts herein exceptional -- Result different had Court not been satisfied appellant firmly established as Canadian resident prior to departure, and prolonged stay in Hong Kong not resulting in adoption of that country as country of residence[cad 211]Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(b).