CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Citizens |
Parapatt v. Canada (Minister of Citizenship and Immigration)
T-527-01
2002 FCT 229, Kelen J.
1/3/02
10 pp.
Appeal pursuant to Citizenship Act, s. 14(5), Federal Court Act, s. 21, from Citizenship Judge's decision dismissing application for citizenship under Citizenship Act, s. 5(1) on basis applicant had not centralized mode of living in Canada--Applicant absent from Canada for 869 days, and physically present in Canada for 268 days between time entered Canada as permanent resident on February 27, 1997 and time applied for Canadian citizenship in March 2000-- Appeal dismissed--Standard of review for Citizenship Judge's decision with regard to selection and application of residence test that of correctness: Zhang v. Canada (Minister of Citizenship and Immigration), [2001] F.C.J. No. 778 (QL) (T.D.)--Court of Appeal must verify Citizenship Judge has correctly applied one of residency tests (central existence, quality of attachment, physical presence, centralized existence), but ought not to substitute its different opinion unless Citizenship Judge made error in applying residency test--According to Act, applicant must have accumulated at least 3 years (1095 days) of residence in Canada within 4 years immediately preceding date of application--Citizenship Judge herein applied "centralized existence" test (Koo (Re), [1993] 1 F.C. 286 (T.D.))--Citizenship Judge did not err in law or in fact in finding applicant had not centralized existence or residence in Canada until June 1, 1997, that could only be credited with 1002 days of deemed residence since then, that therefore short of minimum number of days of residence before citizenship could be granted--Obiter: open to Citizenship Judge to find applicant's connection to United States closer than to Canada--Applicant not exempt from requirement to demonstrate quality of attachment to Canada greater than U.S., where has lived, studied and worked for most of material time--Student must first establish Canada as his place of residence before leaves to study if his absences from Canada while studying to be counted as deemed residence in Canada--Citizenship Act, R.S.C., 1985, c. C-29, ss. 5 (as am. by R.S.C., 1985 (3rd Supp.), c. 44, s. 1; S.C. 1992, c. 21, s. 7), 14(5) (as am. by S.C. 1995, c. 15, s. 23)-- Federal Court Act, R.S.C., 1985, c. F-7, s. 21.