T-1140-09
2010 FC 449
April 26, 2010
Principle Established: Substantial connection needed for citizenship
The applicant came to Canada in 2000 on a student visa. She obtained PR status in 2005 and left Canada for post-doctoral studies at Harvard University in US. In 2008 she was granted citizenship, though she has been physically present in Canada for only 346 days.
The Minister of Citizenship and Immigration appealed this decision, submitting that the Citizenship Judge erred by considering irrelevant factors that granted citizenship.
The court explained that the test for citizenship was whether Canada was the country in which the applicant had centralized her mode of existence. In this case, the answer was negative.
The second question to be asked was whether her connection with Canada was more substantial than with any other country? The court found that though she could prove her strong preference for Canadian culture, it was not enough to show a more substantial connection than the US.
The decision of the Citizenship Judge granting citizenship was set aside.
