Wakeel ( Re )
T-811-92 / T-812-92
Cullen J.
28/6/93
10 pp.
Appeal from decision of Citizenship Judge -- Appellants, wife and husband citizens of Syria, entered Canada from United Arab Emirates in January 1988 as landed immigrants -- Absent from Canada for 918 days during four-year period immediately preceding date of application -- Both applicants having no difficulty with English nor with answers to questions on Canadian history and geography -- Appellant determined to stay and succeed in Canada although unsuccessfully investing $100,000 in Canadian enterprise -- Income tax returns filed for years 1988, 1989, 1990 and 1991 -- Appellant involved with political people, lending assistance with campaigns, contributing money and doing computer work -- Appellants' children considering Canada, not Syria as "home" -- Test of residence met despite lack of physical presence -- Appellant's work and goals to develop Middle East markets for Canadian engineering firms -- Significant time spent abroad to develop such markets -- Intention of residence and residence maintained throughout relevant period by applicants -- Applicant leaving Canada to achieve purpose beneficial to other Canadians -- Whether adopting strict or liberal interpretation of residency requirements, applicants meet test of residency notwithstanding long absences from Canada -- Appeals allowed -- Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).