Hung ( Re )
T-1703-95
Jerome, A.C.J.
27/9/96
4 pp.
Appeal from Citizenship Judge's refusal of appellant's application for citizenship on grounds law misapplied to facts and Citizenship Judge ignoring mandatory provisions of Citizenship Act, s. 14(1)-Appellant landing in Canada in 1991 with wife and daughter-Business requiring appellant to travel frequently to Hong Kong-Application denied on basis appellant not meeting residence requirements under Citizenship Act, s. 5(1)(c) as had not demonstrated centralized mode of living in Canada-To establish residence, must demonstrate centralization of mode of living and maintaining real and tangible residence in Canada-Appellant purchased house in Canada prior to landing, invested $200,000 and living here for four years-Business employs two Canadians; wife and daughter both Canadian citizens-Appellant not having home anywhere else-Citizenship Act, s. 14(1) requiring disposition of application within 60 days-Judge suspending application under s. 17 to extend time for making decision-S. 17 only permitting Minister to suspend processing of application when insufficient facts to make determination-Appeal allowed-Citizenship Act, R.S.C. 1985, c. C-29, ss. 14(1), 17.