Leung ( Re )
T-241-97
Gibson J.
22/1/98
8 pp.
Appeal from decision of Citizenship Court Judge refusing application for citizenship as residency requirement under Citizenship Act, s. 5(1)(c) not met-Applicant born in China-Moved to Hong Kong at age six-From 1979, worked for Associated Merchandise Corporation (AMC)-Assigned by AMC responsibility to open Canadian office-Appellant "not comfortable" with future in Hong Kong-Arrived in Toronto area in November 1991, on work permit, with wife, son-Bought home, obtained social insurance number, medical insurance, driver's licence-Opened bank accounts, filed income tax returns in Canada since arrival-AMC's Canadian office proved not to be viable-Appellant unsuccessfully sought other employment opportunities in Canada-Accepted Singapore position as "temporary"-Left to assume Singapore position on June 30, 1993-Since leaving for Singapore, periods of time spent by appellant in Canada of short duration-Appellant's son has remained in Canada, has continued education, has applied for, obtained Canadian citizenship-Appellant, when employed in Canada for year and half, centralized mode of living in Canada-Made full, complete commitment to Canada-In face of move to Singapore, appellant struggled to maintain centralized mode of living in Canada, demonstrating intent, resolve to maintain connection here-Citizenship law of Canada should not be interpreted so as to foreclose option appellant chose by interpreting choice as demonstrating abandonment of intention to maintain centralized mode of living in Canada-Appellant has in fact maintained centralized mode of living in Canada-Appeal allowed-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).