Digests

Decision Information

Gao v. Canada ( Minister of Citizenship and Immigration )

Collection Digests
Date 2003-05-15
Neutral citation 2003 FCT 605
Report citation [2003] 4 F.C. D-45
File numbers T-876-01
Subjects Citizenship and Immigration - Status in Canada - Citizens
Notes Full-Text Decision

Decision Content

CITIZENSHIP AND IMMIGRATION

Status in Canada
Citizens

Gao v. Canada (Minister of Citizenship and Immigration)

T-876-01

2003 FCT 605, O'Keefe J.

15/5/03

10 pp.

Residency requirements--Appeal from Citizenship Judge's decision denying applicant's application for Canadian citizenship--Applicant in Canada only 783 days out of 1095 required--Appeal allowed--Lam v. Canada (Minister of Citizenship and Immigration) (1999), 164 F.T.R. 177 (F.C.T.D.) applied as to standard of review (close to correctness end of spectrum)--As to residency requirement for citizenship, Canada (Minister of Citizenship and Immigration) v. Mahadeo, [1999] F.C.J. No. 1521 (T.D.) (QL) applied: citizenship judge's decision should not be overruled because one test rather than other applied, providing judge articulates test being used, explains why met or not met in instant case--Here, Citizenship Judge did not articulate which test used to determine whether applicant met residency requirements for citizenship.

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