CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Ming v. Canada (Minister of Citizenship and Immigration)
IMM-5951-00
2002 FCT 870, Rothstein J.A. (ex officio)
22/8/02
5 pp.
Judicial review of visa officer's refusal to exercise positive discretion under Immigration Regulations, 1978, s. 11(3) to issue immigrant visa to applicant-- Applicant, originally from Hong Kong, emigrated to United States in 1995, became resident there--Subsequently applied for permanent residence in Canada, not intending to become employed in Canada-- Assessed as retired person by visa officer--Visa officer found insufficient significant factors, economic considerations to suggest applicant would become "successfully established" under Regulations, s. 11(3)--Not satisfied applicant will make living in Canada--Scheme of selection criteria in Regulations, s. 8(1) providing for opportunity to work, to be self-employed, to invest, to be entrepreneur--Retirees not precluded from qualifying for immigration if satisfying criteria for investor, entrepreneur, self-employed categories--But under Immigration Regulations, 1978, retirees, whose only economic criteria having sufficient assets to sustain themselves, not eligible for immigration to Canada-- Application for judicial review dismissed--Question for appeal certified--Immigration Regulations, 1978, SOR/78-172, ss. 8(1) (as am. by SOR/85-1038, s. 3), 11(3) (as am. by SOR/81-461, s. 1).