Canada ( Minister of Citizenship and Immigration ) v. Lui
T-2249-96
Joyal J.
12/12/97
5 pp.
Appeal from grant of citizenship-Citizenship Act, s. 5(1)(c) imposing three-year period of residency over four years immediately preceding application for citizenship-Respondent accumulating little more than 100 days of physical residency in Canada over previous four years, representing shortfall of 994 days-Appellant suggesting respondent not meeting criteria imposed by doctrine of constructive residency outlined in Re Papadogiorgakis, [1978] 2 F.C. 208 (T.D.)-Appeal allowed-Actual shortage of 994 days out of possible 1,095 days, objective fact considerably undermining any inference respondent, from date of landing in Canada, allowed herself to draw in Canadian attitudes, values-Citizenship Judge departing from indicia listed in Koo (Re), [1993] 1 F.C. 286 (T.D.) when considering constructive residency-Ratio of absence days to residency days 10 to 1-Although not itself determinative, at extreme edge of jurisprudential generosity-Poor evidence as to ties with family on ongoing basis-Visits infrequent, brief-Whereabouts during summer, Christmas vacations, Easter breaks not on record-Other indicia examined dealing with residency issues, i.e. driver's licences, health cards, bank accounts, having little probative value-Court on appeal must be wary of extending mathematical formulae beyond calculations of residency, absence days-Varying weights may be given to each criterion-Expressions of subjective desires, wishes, purposes must always be buttressed by more objective elements to enable more solid inferences to be drawn-Citizenship Act, R.S.C., 1985, c. C-29, s. 5.