Lee ( Re )
T-2688-95
Rothstein J.
4/12/96
6 pp.
Appeal from denial of citizenship-Appellant citizen of Hong Kong-Wife, son reside in British Columbia-Spending 166 days in Canada and 1,281 days in Hong Kong in four-year period prior to citizenship application-Average stay in Canada two weeks every three to five months-Although residence governing criteria for grant of citizenship, physical presence important factor to be considered in determining residence-Length, pattern of individual's presence in, absence from Canada instructive in assessing whether maintaining or centralizing ordinary mode of living in Canada-Appellant out of Canada 89% of time during relevant period-No trend indicating growing proportion of time in Canada-Medical reports not indicating brothers in Hong Kong required care-While appellant may have obligation to parents, so do brothers-Evidence not indicating stronger relationship between appellant, parents than between brothers, parents-No indication appellant selling, winding down, moving Hong Kong electronics business-Presumption married couple resides where maintaining ordinary mode of living rebutted by one spouse's absence for lengthy periods and presence for brief periods-Evidence appellant never spending Christmas with wife, child in Canada, son not knowing father well enough to ask him to stay one extra day in Canada to attend school family picnic, rebutting presumption-Appellant not reporting world wide income in Canada for tax purposes-In some circumstances, indicia of centralized mode of living props acquired to make it appear applicant qualifies for citizenship, when does not-Appellant's connection with Hong Kong more substantial than connection with Canada-Return to Hong Kong within 3 weeks of grant of permanent resident status in Canada, absence from Canada 89% of relevant time with no pattern of change and no legally acceptable explanation leading to conclusion appellant not satisfying residence requirement of Citizenship Act-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).