Digests

Wadhera v. Canada (Minister of Citizenship and Immigration)

IMM-3931-01

2003 FC 1034, Russell J.

9/8/03

13 pp.

Judicial review of decision of Canadian visa officer in London, England (visa officer) refusing application for permanent residence--Applicant seeking order quashing decision and directing that redetermination be made by different visa officer--Whether visa officer restricted definition of entrepreneur, as that term defined in Immigration Regulations, 1978, in assessing previous business experience of applicant--Applicant submitting visa officer fettered discretion and unlawfully restricted defnition of entrepreneur by importing requirement applicant be proficient in bookkeeping--Definition of entrepreneur set out in Immigration Regulations, 1978, s. 2(1)--Applicant submitting visa officer did not make determination in accordance with own department's express policy, but rather, placed undue emphasis on applicant's bookkeeping abilities--In addition, visa oficer made determination applicant's business experience of no value to Canadian market--In doing so, applicant submitting visa officer fettered discretion by unduly and unlawfully restricting definition of entrepreneur and by importing requirement applicant be proficient in bookkeeping, thereby committing reviewable error--Reasons of decision look decidedly thin--Third reason given no reason at all--Merely bald assertion applicant has not met definition of entrepreneur to satisfaction of visa officer--Reason doesn't explain why applicant's years of business experience in Pakistan have not satisfied visa officer concerning ability to establish commercial venture in Canada that will make significant contribution to economy and create employment opportunities--Only real reasons given that applicant did not file accurate tax returns and did not keep proper accounting records in Pakistan--This may have influenced visa officer against applicant, and certainly deplorable conduct from Canadian perspective, but not adequately explaining or justifying why applicant failed to meet entrepreneur definition --Akin to importing requirements not contained in definition --Onus on applicant to satisfy visa officer he meets various aspects of definition of entrepreneur--Visa officer just not satisfied, on basis of information provided, applicant could establish viable business in Canada--Visa officer looked at various factors and decided that, on weight of evidence, she was not convinced applicant had satisfied definition and, in particular, that he could establish viable business in Canada-- This constitutes sufficient basis to deny application for permanent residence--Judicial review dismissed-- Immigration Regulations, 1978, SOR/78-172, s. 2(1) (as am. by SOR/79-851, s. 1; 88-517, s. 1).