Canada ( Minister of Citizenship and Immigration ) v. Jreige
T-2012-98
Lemieux J.
24/9/99
14 pp.
Appeal from Citizenship Judge's decision approving respondent's application for citizenship under Citizenship Act, s. 5(1)(c)-Respondent, citizen of Lebanon, landed in Canada as permanent resident in December 1993, accompanied by wife, two infant children-Obtained social insurance numbers, medicare cards, driver's licence, opened bank account-Made frequent business trips to Middle East, Europe in 1994, 1995, 1996, 1997-Respondent filed application for Canadian citizenship on September 2, 1997, four years after landing-Required residency of 1095 days according to Act but in Canada only 650 days-Citizenship Judge satisfied respondent met residency requirements of Act-In what circumstances can absences from Canada count as "deemed" residence in Canada for purposes of meeting requirements set out in Act, s. 5(1)(c)-Citizenship applicant must demonstrate establishment of Canadian residency-Citizenship Judge erred in totally, substantially discounting element of physical presence as critical factor in residency analysis-Act requiring citizenship application to satisfy positively criteria of living in Canada, that is presence in Canada-Applicant for Canadian citizenship cannot satisfy requirement by proving negative, that of having no other place in any other country because family in Canada-Respondent's absences from Canada contri-buting to welfare of family in Canada, but could not override clear requirements established under Act-Respondent not establishing himself in Canada by integrating into Canadian society-Appeal allowed-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).