Canada ( Minister of Citizenship and Immigration ) v. Luk
T-2449-97
Blais J.
12/11/98
4 pp.
Residency requirements-Appeal by Minister from Citizenship Judge's decision approving application of respondent for citizenship under Citizenship Act, s. 5(1) despite shortage of 598 days during four years preceding date of application for citizenship-In Taiwan to complete BA at National Central University of Taiwan (had completed 2 1/2 years out of 4)-Respondent invoking case of Chan (Re), [1997] F.C.J. No. 1457 (T.D.) (QL) wherein Court qualified residency requirements for students: if remained dependent of parents in Canada, if parents paid for his education, if returned here during summer and other holidays, if always his intention to return-Student completing BA far away from home cannot get back home every weekend-However, where belongings in room at home in Toronto, address there, brothers there, mother there, spending summer break there, and returning home to Canada upon graduation, this means student has established mode of living in Canada-Respondent has centralized her mode of living in Canada and no reason to set aside Citizenship Judge's decision-Appeal dismissed-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1).