June 21, 2011
Case type: Citizenship Appeal
Summary: The Applicant’s appeal was granted and the citizenship application was remitted for redetermination by a different citizenship judge; no costs were awarded.
The Applicant was 189 days short of the minimum 1095 days, as required under the Citizenship Act. The Citizenship Judge was correct in applying the residency test in Re Koo 1 F.C. 286, which states, “Is Canada the country in which the applicant has centralized his or her mode of existence?”. However, the Citizenship Judge erred in considering the Applicant’s future intentions instated of the Applicant’s degree of establishment in Canada. Further, the Citizenship Judge erred in considering intentions for the period after the relevant four year period as well as events after that period. Future intentions, on their own, are insufficient to constitute abandonment of established residence.
