Federal Court


Citizenship

APPEAL
Strict physical presence test was principled approach to take

Foreign national was citizen of United States who entered Canada in 2001, and became permanent resident on Jan. 22, 2008. In February 2010, foreign national applied for Canadian citizenship. Citizenship judge noted that foreign national declared 156 days of absences from Canada in her citizenship application, but 205 days on her Residence Questionnaire and that foreign national was physically present in Canada for 958 days according to her citizenship application, but 909 days according to her Residence Questionnaire. Citizenship judge determined that foreign national failed to meet requirement that she be physically present in Canada for at least 1,095 days out of four years immediately preceding her application for citizenship. Foreign national appealed, contending that judge ought to have conducted qualitative assessment of evidence submitted which showed quality of her ties to Canada and that such an assessment would have allowed her to meet residency requirement, despite not satisfying physical presence test. Appeal dismissed. Based on plain and ordinary reading of Citizenship Act (Can.), strict physical presence test was principled approach to take. Discrepancy between dates cited by judge was explainable, however, in light of fact that neither absences cited on foreign national’s citizenship application or her Residence Questionnaire added up to 1,095 days of physical presence in Canada, this explanation was irrelevant to citizenship judge’s conclusion. Judge’s decision was not unreasonable.

Donohue v. Canada (Minister of Citizenship and Immigration)

(Apr. 28, 2014, F.C., Michael D. Manson J., File No. T-1824-13) 240 A.C.W.S. (3d) 21.

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