Canada ( Minister of Citizenship and Immigration ) v. Yang
T-1414-98
Lutfy J.
1/4/99
6 pp.
Appeal from grant of citizenship-Respondent physically in Canada for 534 out of required 1095 days during four years preceding citizenship application-According to Koo (Re), [1993] 1 F.C. 286 (T.D.) appropriate test whether applicant "regularly, normally or customarily lives" in Canada, or has centralized mode of existence-Relevant criteria including length of stays in Canada; residence of immediate, extended family; extent, reason for physical absences; quality of connection with Canada in comparison with any other country; whether time spent in Canada indicating returning home as opposed to mere visit-Lam v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 410 (T.D.) (QL), considering appropriate standard of review in citizenship appeals in light of: (1) introduction of Federal Court Rules, 1998, under which citizenship appeal now dealt with as application, instead of trial de novo; (2) Parliament considering new citizenship legislation bringing significant changes to examination, determination of citizenship applications and Court's review of resulting decisions-After noting certain objective factors that might dictate greater curial deference, in view of transitional period, Lutfy J. concluding not appropriate to depart radically from current standard of review i.e. some deference owed to special knowledge, experience of citizenship judge-On basis of documentary record, no error in citizenship judge's reasons-Both sons students in Canada-Wife, sons Canadian citizens-Respondent researching, market testing product developing in China, thus explaining more recent absences from Canada-Canada (Minister of Citizenship and Immigration) v. Lok (1998), 152 F.T.R. 207 (F.C.T.D.), wherein citizenship applicant present in Canada for 170 days during relevant period, family living in friend's house, employed by company in Hong Kong where parents, brother lived, company incorporated mere shell, distinguished-Applicant not establishing respondent having significant connection to country other than Canada-Not returning to Taiwan since 1994-Visits to China to promote business initiative-Citizenship Judge's decision consistent with Papadogiorgakis (In re) and in re Citizenship Act, [1978] 2 F.C. 208 (T.D.); Koo (Re)-Respondent's first departure from Canada, few weeks after landing only reflecting usual requirements for investor immigrant who must respond to successful application in timely fashion, without necessarily having completed move from one's county of previous citizenship-Appeal dismissed.