| Citation: |
Canada (Minister of Citizenship and Immigration) v. Takla, 2009 FC 1120, [2009] 4 F.C.R. D-9 |
T-662-09 |
Citizenship and Immigration
Status in Canada
Citizens
Appeal under Citizenship Act, s. 14(5), R.S.C., 1985, c. C-29 from citizenship judge’s decision granting Canadian citizenship to applicant—Judge considering six criteria established in Koo (Re), [1993] 1 F.C. 286 (T.D.), concluding applicant centralized his mode of existence in Canada, satisfying residence requirement in Act, s. 5(1)(c)—Judge finding almost all applicant’s numerous absences related to his work as specialized engineer, work requiring numerous trips abroad—Before analyzing citizenship judge’s decision, Court ruling on interpretation of s. 5(1)(c)—Three competing jurisprudential schools with respect thereto—According to Lam v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 410 (QL), open to citizenship judge to adopt either one of conflicting schools—That decision rendered in situation perceived to be temporary given statutory amendments then under consideration—Now that temporary situation concerning Act has become permanent, considering clear majority of this Court’s case law, appearing appropriate to settle on one interpretation of Act, s. 5(1)(c)—Centralized mode of existence in Canada test established in Koo (Re) should become only test, only analysis—After analyzing current situation, answers to a number of the six questions not supporting finding that applicant centralized his mode of existence in Canada during relevant period—Citizenship judge’s decision therefore not reasonable in number of respects—Appeal allowed.
Canada (Minister of Citizenship and Immigration) v. Takla (T-662-09, 2009 FC 1120, Mainville J., judgment dated November 2, 2009, 36 pp.)