Date: 19980113
Docket: T-2635-96
PRESENT: The Honourable Madame Justice Reed
BETWEEN:
IN THE MATTER OF THE CITIZENSHIP ACT,
R.S.C., 1985, c. C-29
AND IN THE MATTER OF an appeal from the
decision of a Citizenship Judge
AND IN THE MATTER OF
Wen Hong Xiao,
Appellant.
REASONS FOR JUDGMENT
REED, J.:
[1] This is an appeal, by way of a trial de novo, of a decision of a citizenship judge, which found that the appellant had not fulfilled the residency requirements of the Citizenship Act.
[2] The appellant was granted landing in December, 1991. She married her husband, a Canadian citizen, in 1990, in Beijing. Her husband works on a full time basis in Hong Kong. When in Canada, the appellant stays with her mother-in-law, in London, Ontario.
[3] The appellant's absences from Canada have been extensive. Most of the time when she has been absent, she has been spending time in Hong Kong with her husband. She also works as a representative of a private Vancouver art gallery, the Buschler Mowatt Gallery, as a liaison between Asian artists and the gallery, and between artists (represented by the gallery) and the Asian market.
[4] She speaks excellent English. She studied that subject at a university in Beijing. Beijing was her home before her marriage. She has acquired some of the usual indicia of residence: a bank account, a health card, a social insurance number, a B.C. driver's licence. She has not, however, established the kind of connection with Canada that is required to allow physical absence from Canada to be counted as residence here.
[5] I reach the same decision as that reached by the citizenship judge. Accordingly, the appeal must be dismissed.
"B. Reed"
Judge
Toronto, Ontario
January 13, 1998
FEDERAL COURT OF CANADA
Date: 19980113
Docket: T-2635-96
IN THE MATTER OF THE CITIZENSHIP ACT,
R.S.C., 1985, c. C-29
AND IN THE MATTER OF an appeal from the
decision of a Citizenship Judge
AND IN THE MATTER OF
Wen Hong Xiao,
Appellant.
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: T-2635-96
STYLE OF CAUSE: IN THE MATTER OF THE CITIZENSHIP ACT,
| R.S.C., 1985, c. C-29 |
| AND IN THE MATTER OF an appeal from the |
| decision of a Citizenship Judge |
| AND IN THE MATTER OF |
| Wen Hong Xiao |
DATE OF HEARING: JANUARY 13, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
| BY: REED, J. |
DATED: JANUARY 13, 1998
APPEARANCES: Mr. Stephen Green
For the Appellant
Mr. Peter K. Large
Amicus Curiae
| SOLICITORS OF RECORD: Mr. Stephen W. Green |
| GREEN AND SPIEGEL |
Barristers and Solicitors
Standard Life Centre
2200 - 121 King Street West
Toronto, Ontario
M5H 3T9
For the Appellant
Peter K. Large
Barrister and Solicitor
610-372 Bay Street
Toronto, Ontario
M5H 2W9
Amicus Curiae