Canada Immigration Case-law Canada, Ukaobasi, CITIZENSHIP — Qualifications — Residence by Joy Stephen, Polinsys

Editorial Caselaws 669 Comments

Judgement for this Case: Click here!
CITIZENSHIP — Qualifications — Residence — Applicant was citizen of Nigeria — Applicant came to Canada in 2004, and was found to be convention refugee in 2005 — Applicant became permanent resident in 2006 — In 2009, applicant applied for Canadian citizenship — Citizenship judge denied application on basis that applicant did not meet requirements of s. 5(1)(c) of Citizenship Act (Can.) — Citizenship judge concluded that applicant failed to demonstrate that he was resident in Canada for at least three of four years preceding application — Applicant appealed — Appeal dismissed — Applicant was given reasonable opportunity to provide further documentation to establish his physical presence in Canada and he was not denied procedural fairness — Even if applicant was granted additional time to produce documentation, it would not have affected result — Citizenship judge clearly stated what test she applied for residency and she did not blend different tests — Citizenship judge entirely focused on whether applicant established 1,095 days of physical presence in Canada — Citizenship judge’s reasons clearly explained why evidence was insufficient to meet test of 1,095 days of physical presence and decision was reasonable

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