Canada ( Minister of Citizenship and Immigration ) v. Hung
T-1345-98
Rouleau J.
21/12/98
6 pp.
Appeal from Citizenship Judge's decision approving citizenship application, on ground respondent not meeting residency requirement-Under Federal Court Rules, 1998 citizenship appeals proceed by way of application based on record before Citizenship Judge: no new evidence may be submitted before Court-Necessary to consider standard of review as apparently first citizenship appeal under new Rules-Appellant proceeding as if trial de novo, not submitting error of fact, law-Issue herein whether appellant centralizing mode of living in Canada such that continuing residence for purposes of Citizenship Act, s. 5(1)(c) while abroad-Question of mixed law, fact-Examination of factors relevant to assessment of whether someone having substantial connection with Canada factual matter-But determination of whether those factors satisfying test set out in Papadogiorgakis (In re) and in re Citizenship Act, [1978] 2 F.C. 208 (T.D.); Re Koo, [1993] 1 F.C. 286 (T.D.), subsequent case law with respect to s. 5(1)(c), question of law-In light of legal determination involved, discretion to grant residency, where appellant "deemed" physically present for requisite time, should be held to standard of correctness-Sufficient factors to find appellant having more substantial connection with Canada than any other country, and that centralized mode of existence in Canada-In examining factors set out by Reed J. in Re Choi, [1998] F.C.J. No. 1652 (T.D.) (QL) appellant's immediate and extended family residing in Canada, children attending Canadian schools full-time, family accompanying him on business trips-Canada appellant's only residence-Purchased residence prior to coming to Canada-Appellant's export business more than shell company-Making substantial investments in Canada, actively involved with B.C. Racing Commission, both as owner of race horses, developer of horse breeding program with China-While some case law holding citizenship applicants must adhere strictly to letter of law under s. 5(1)(c) even if absences temporary in nature, equal if not greater number of cases determining, in some circumstances on less criteria than herein, citizenship should be granted if quality of attachment to Canada significant-Citizenship Judge's finding appellant becoming integrated into Canadian society correct-Appeal dismissed-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).