CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Citizens |
Canada (Minister of Citizenship and Immigration) v. Nandre
T-1177-02
2003 FCT 1650, O'Reilly J.
26/5/03
10 pp.
Appeal from Citizenship Judge's decision approving respondent's application for citizenship--Residency requirements--Open to Citizenship Judge to choose one of three recognized approaches for determining whether residency requirements met: Lam v. Canada (Minister of Citizenship and Immigration) (1999), 164 F.T.R. 177 (F.C.T.D.)--Court's role then to determine whether Citizenship Judge properly applied chosen test: So v. Canada (Minister of Citizenship and Immigration), 2001 FCT 733-- Appeal allowed--Citizenship Act can be interpreted two ways: one (physical test) requiring physical presence in Canada three years out of four, another (qualitative test) requiring less than that so long as applicant's connection to Canada strong--If physical test not met, citizenship judges should go on to consider qualitative test--Evidence of strong connection to Canada herein--However, given absence of evidence showing residence established in Canada at appropriate time, and without specific finding by Citizenship Judge to that effect, appeal must be allowed.