Ng, Re, (1996) 121 F.T.R. 312 (TD)

• Judge: Cullen, J.
• Court: Federal Court (Canada)
• Case Date: October 16, 1996
• Jurisdiction: Canada (Federal)
• Citations: (1996), 121 F.T.R. 312 (TD)

Ng, Re (1996), 121 F.T.R. 312 (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 Kit Ping Lui Ng (appellant)

(T-2689-95)

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 Wing Chiu Ng (appellant)

(T-2690-95)

Indexed As: Ng, Re

Federal Court of Canada

Trial Division

Cullen, J.

October 22, 1996.

Summary:

A husband and his wife were denied citizenship because they failed to comply with the residency requirements of the Citizenship Act. The couple appealed.

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

Aliens - Topic 2525

Naturalization - Qualifications - Residence - Ng landed in Canada pursuant to the immigrant investor programme and was accompanied by his family - He invested $250,000 in a business in Canada, but the business failed - He initially stayed in Canada three weeks, before going to Hong Kong on business for five months - He did not sever all his foreign business ties - He purchased a home and vehicles in Canada, obtained a social insurance number, health insurance, a driver's licence, investments and bank accounts - In the four years preceding his citizenship application, Ng was absent from Canada because of business and family illnesses for 1,068 days - His wife accompanied him on most trips - The Federal Court of Canada, Trial Division, held that Ng and his wife met the requirement of constructive residence.

Cases Noticed:

Canada (Secretary of State) v. Yu (1995), 118 F.T.R. 161; 31 Imm. L.R.(2d) 248 (T.D.), refd to. [para. 11].

Koo, Re, [1993] 1 F.C. 286; 59 F.T.R. 27 (T.D.), refd to. [para. 11].

Papadogiorgaiis, Re, [1978] 2 F.C. 208 (F.C.A.), refd to. [para. 20].

Chan (A.C.W.), Re (1993), 70 F.T.R. 171 (T.D.), refd to. [para. 23].

Wang, Re (1996), 112 F.T.R. 73 (T.D.), refd to. [para. 31].

Lai, Re (1994), 85 F.T.R. 62 (T.D.), refd to. [para. 40].

Statutes Noticed:

Citizenship Act, R.S.C. 1985, c. C-29, sect. 5(1)(c) [para. 19]; sect. 14 [para. 13].

Counsel:

Sheldon M. Robins, for the appellants;

Peter K. Large, for amicus curiae.

Solicitors of Record:

Sheldon M. Robins, Toronto, Ontario, for the appellants;

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

These appeals were heard in Toronto, Ontario, on October 16, 1996, before Cullen, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on October 22, 1996.