T-1454-96
IN THE MATTER OF THE CITIZENSHIP ACT,
R.S.C. 1985, c, C-29
AND IN THE MATTER OF an appeal form the
decision of a Citizenship Judge
AND IN THE MATTER OF
YIPING (PETER) ZHUANG
Appellant
REASONS FOR ORDER
(Delivered orally from the Bench
at Toronto, Ontario, on March 12, 1997, as edited)
McKEOWN J.
This matter came for hearing before me at Toronto on March 12, 1997.
The appellant appeals the decision of the Citizenship Judge dated April 24, 1996, refusing his application for citizenship on the basis that he did not meet the requirement of residence for a Canadian citizen under paragraph 5(1)(c) of the Citizenship Act (the Act).
The issue is whether or not the appellant satisfied the residence requirements enunciated in paragraph 5(1)(c) of the Act. At the time the appellant appeared before the Citizenship Judge, he had been in Canada 892 days; he has been in Canada 350 days since that time. The appellant is employed in the Toronto area as a systems engineer and has a Ph.D degree in electrical engineering. His wife is also an electrical engineer and she has applied for Canadian citizenship. He has centralized his mode of living in Canada. The Citizenship Judge did not have the additional information that the appellant had spent the last year in Canada except for a couple of days on a business trip to the United States.
I am satisfied that the appellant has met the requirements of paragraph 5(1)(c) of the Act and has residence in Canada, as required thereunder. Accordingly, the appeal is allowed.
_______________________________
Judge
OTTAWA, ONTARIO
April 16, 1997