Faisal ( Re )
T-3029-93
Wetston J.
13/2/95
6 pp.
Appeals from refusal of citizenship for failure to meet residence requirements -- Appellants, children, citizens of Bangladesh, admitted to Canada as permanent residents August 1, 1988 -- Son enrolled in school -- Appellant seeking employment in public service, but accepted position with United Nations in Rome in September -- Returned to Canada yearly -- Wife continuously residing in Canada since 1992 when daughter enrolled in school -- Appellants purchasing two homes, filing Canadian income tax returns, paying property taxes, opening bank accounts, obtaining OHIP coverage, financing children's post-secondary education in Canada -- Owning nothing in Bangladesh -- Appellant physically present in Canada 127 days in four years preceding citizenship application; wife present 141 days -- Citizenship Judge not satisfied appellants centralized mode of living in Canada or established residence in Canada prior to prolonged periods of absence -- Appeals dismissed -- Court must be able to infer from indicia of connection to Canada, intention to reside in Canada and that residence established in Canada prior to extended absences therefrom, and that residence maintained -- Appellants not establishing residence from August to September 1988 -- While having requisite intention, mere intention not enough to establish residence -- Having failed to establish residence prior to prolonged periods of absence, physical absences not considered in calculation of three years of residence -- No indication absences temporary -- Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).