Young v. Canada ( Minister of Citizenship and Immigration )
T-408-98
Evans J.
16/3/99
5 pp.
Residence requirements-Application for citizenship denied on grounds applicant had not satisfied residence requirements of Citizenship Act, s. 5(1)(c): although employer had agreed to transfer applicant to Canadian subsidiary, and although applicant purchased condominium, opened bank account, obtained driver's licence and credit cards, present in Canada only 41 days in previous three years as had to remain in Hong Kong working for employer-Appeal dismissed-Dominant trend in more recent case law in Federal Court has been to interpret residence requirement along lines first established by Reed J. in Koo (Re), [1993] 1 F.C. 286 (T.D.): whether applicant "regularly, normally or customarily lives" in Canada or whether "he or she has centralized his or her mode of existence" in Canada-In Canada (Minister of Citizenship and Immigration) v. Ho, [1999] F.C.J. No. 276 (F.C.T.D.), present law summarized: applicants for citizenship must demonstrate by objective facts, first, having established own residence in Canada at least three years preceding application, and, second, having maintained established residence throughout that time-Residence must be established de facto-Mere intention to make Canada one's home not enough-Visits of 17 days and 9 days, annual filing of Canadian income tax returns, not sufficient to establish residence or to maintain residence if already established-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).