Hajjar ( Re )
T-1115-96
Lutfy J.
5/2/98
8 pp.
Appeal from Citizenship Judge's decision dismissing appellant's application for citizenship on grounds residency requirements of Citizenship Act, s. 5(1)(c) have not been met-Appellant, mother and two sisters born in Palestine, acquiring Lebanese citizenship in 1960s-Appellant then resided with wife in United Arab Emirates (UAE) where set up construction business and where three children born-Appellant and family granted landing in October 1988; established itself in Montréal in 1990-Acquired dépanneur in 1993-Renting three apartment units-Still owns house in UAE and uses it when there on business-Children studying in Canadian universities-Since 1990, appellant has spent about two months per year in Canada-In four years prior to application for citizenship, appellant in Canada for 16% of time, well short of required 1095 days-Spent most of time outside of Canada conducting his business in UAE-Case exceptional-No doubt as to establishment of appellant and family in Canada and attachment to Canada within meaning of Act, s. 5(1)(c) and relevant case law-As noted in Huang (Re) (1997), 37 Imm. L.R. (2d) 113 (F.C.T.D.): most eloquent indicia of residency establishment of person and his family in country, coupled with manifest intention of making establishment permanent home-Absences explained by necessary commitment to business in UAE-Work sole nexus to any legal status in UAE where will not become citizen-No apparent physical connection to any other country-Appellant, with immediate family and other dependants, has established residence in Canada where he and family have centralized their mode of living-Appeal allowed-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).