Lo, Re, (1994) 84 F.T.R. 216 (TD)

• Judge: Noël, J.
• Court: Federal Court (Canada)
• Case Date: October 04, 1994
• Jurisdiction: Canada (Federal)
• Citations: (1994), 84 F.T.R. 216 (TD)

Lo, Re (1994), 84 F.T.R. 216 (TD)

MLB headnote and full text

In The Matter Of The Citizenship Act, R.S.C. 1985, chapter C-29;

And In The Matter Of an appeal from the decision of a Citizenship Judge;

And In The Matter Of Shiu-Fan Lo (appellant)

(T-2376-93)

Indexed As: Lo, Re

Federal Court of Canada

Trial Division

Noël, J.

October 4, 1994.

Summary:

Lo applied for Canadian citizenship. A citizenship judge denied his application. Lo appealed.

The Federal Court of Canada, Trial Division, allowed the appeal.

Aliens - Topic 2526.1

Naturalization - Qualifications - Knowledge of citizenship responsibilities and privileges - Lo was granted landed immigrant status as an entrepreneur - A citizenship judge denied his application for citizenship - She found that he did not understand his responsibilities of citizenship under s. 5(1)(e) of the Citizenship Act because he had not fulfilled his commitments to establish a business or commercial venture in Canada - Lo appealed - The Federal Court of Canada, Trial Division, held that the citizenship judge erred in considering Lo's possible failure to comply with his visa requirement - Section 15 of the Citizenship Act Regulations prescribed the criteria for assessing whether an applicant had an adequate knowledge of Canada and of the responsibilities and privileges of citizenship.

Statutes Noticed:

Citizenship Act, R.S.C. 1985, c. C-29, sect. 5(1)(e) [paras. 1, 6].

Citizenship Act Regulations (Can.), C.R.C. 1978, c. 400, sect. 15 [paras. 5, 8].

Counsel:

Grace Choi, for the appellant;

I. Loree Young, for amicus curiae.

Solicitors of Record:

Davis & Co., Vancouver, British Columbia, for the appellant;

Bull, Housser & Tupper, Vancouver, British Columbia, for amicus curiae.

This application was heard in Vancouver, British Columbia, on October 4, 1994, by Noël, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on the same date.