Chan (A.C.W.), Re, (1993) 70 F.T.R. 171 (TD)

• Judge: Rouleau, J.
• Court: Federal Court (Canada)
• Case Date: October 25, 1993
• Jurisdiction: Canada (Federal)
• Citations: (1993), 70 F.T.R. 171 (TD)

Chan, Re (1993), 70 F.T.R. 171 (TD)

MLB headnote and full text

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

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

And In The Matter of Alvin Cheuk Wai Chan (appellant)

(T-2414-92)

Indexed As: Chan (A.C.W.), Re

Federal Court of Canada

Trial Division

Rouleau, J.

October 25, 1993.

Summary:

Chan's application for citizenship was denied on the ground that he was only physically present in Canada for 213 days during the four years immediately preceding his application, instead of the accumulation of three years required under the Citizenship Act. Chan appealed.

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

Aliens - Topic 2525

Naturalization - Qualifications - Residence - Chan, his wife and son, came to Vancouver from Hong Kong - Failing to find employment as a mechanical engineer, Chan eventually became a consultant for a Swedish firm's Far East projects - His work involved extensive travel and Chan was in Canada only 213 days in the four years immediately prior to applying for citizenship, instead of the three years' accumulation required under the Citizenship Act, s. 5(1)(c) - Chan's wife and son became citizens - Chan maintained a home in Canada and paid federal and provincial taxes - The Federal Court of Canada, Trial Division, gave s. 5(1)(c) a liberal interpretation and held that Chan had established residence.

Cases Noticed:

Blaha v. Canada (Minister of Citizenship & Immigration), [1971] F.C. 521 (T.D.), refd to. [para. 6].

Reza, Re (1988), 20 F.T.R. 188 (T.D.), refd to. [para. 6].

Roberts, Re (1978), 92 D.L.R.(3d) 76 (F.C.T.D.), refd to. [para. 7].

Papadogiorgakis, Re (1978), 88 D.L.R.(3d) 243 (F.C.T.D.), refd to. [para. 7].

Secretary of State of Canada and Abi-Zeid, Re (1983), 4 D.L.R.(4th) 664 (F.C.T.D.), refd to. [para. 8].

Chan, Re (1988), 20 F.T.R. 147 (T.D.), refd to. [para. 8].

Lau, Re (1990), 34 F.T.R. 81 (T.D.), refd to. [para. 8].

Calderwood, Re (1988), 21 F.T.R. 105 (T.D.), refd to. [para. 9].

Stafford, Re (1979), 97 D.L.R.(3d) 499 (F.C.T.D.), refd to. [para. 9].

Campbell, Re (1986), 5 F.T.R. 246 (T.D.), refd to. [para. 10].

Leung, Re (1991), 42 F.T.R. 149 (T.D.), refd to. [para. 11].

Kleifges, Re (1978), 84 D.L.R.(3d) 183 (F.C.T.D.), refd to. [para. 13].

Statutes Noticed:

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

Counsel:

Gerald W. Kinasz, for the appellant;

Peter K. Large, amicus curiae.

Solicitors of Record:

Abraham Duggan, Toronto, Ontario, for the appellant;

Peter K. Large, Toronto, Ontario, amicus curiae.

This appeal was heard on October 25, 1993, at Toronto, Ontario, before Rouleau, J., of the Federal Court of Canada, Trial Division, who delivered his oral decision on October 25, 1993 and released the following written reasons on November 9, 1993.