Wang, Re, (1996) 112 F.T.R. 73 (TD)

• Judge: Cullen, J.
• Court: Federal Court (Canada)
• Case Date: May 07, 1996
• Jurisdiction: Canada (Federal)
• Citations: (1996), 112 F.T.R. 73 (TD)

Wang, Re (1996), 112 F.T.R. 73 (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 Tzu-Fa Wang (appellant).

(T-1085-95)

Indexed As: Wang, Re

Federal Court of Canada

Trial Division

Cullen, J.

May 8, 1996.

Summary:

A Citizenship judge denied Wang's application for citizenship because he had not fulfilled the residence requirements of the Citizenship Act. Wang appealed.

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

Aliens - Topic 2525

Naturalization - Qualifications - Residence - Wang was admitted to Canada for permanent residence in 1990 - He was accompanied by his wife and children - Wang sold his home in Taiwan and the shares in his Taiwanese business - He purchased a home in Canada, opened a bank account, applied for a social insurance number and health coverage, obtained library privileges, a credit card and a driver's license and purchased two cars - He also set up a Canadian company and invested in a shopping centre - In the four years preceding his citizenship application, Wang was absent from Canada 1,260 days - The absences were primarily for business purposes, but he also extended his trips to care for his ill father - Wang's family remained in Canada during his absences - The Federal Court of Canada, Trial Division, held that Wang had established "constructive residence" in Canada.

Cases Noticed:

Papadogiorgakis, Re, [1978] 2 F.C. 208 (T.D.), consd. [para. 7].

Koo, Re, [1993] 1 F.C. 286; 59 F.T.R. 27 (T.D.), consd. [para. 8].

Chan (A.C.W.), Re (1993), 70 F.T.R. 171 (T.D.), refd to. [para. 10].

Lai, Re (1994), 85 F.T.R. 62 (T.D.), consd. [para. 20].

Statutes Noticed:

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

Counsel:

Diane C. Smith, for the appellant;

Peter K. Large, amicus curiae.

Solicitors of Record:

Martinello & Associates, Don Mills, Ontario, for the appellant;

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

This appeal was heard on May 7, 1996, at Toronto, Ontario, before Cullen, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on May 8, 1996.