Digests

Yu v. Canada (Minister of Citizenship and Immigration)

IMM-6623-00

2002 FCT 869, Rothstein J.A. (ex officio)

15/8/02

4 pp.

Entrepreneur category--Judicial review of denial of application for permanent resident visa in entrepreneur category on basis applicant's lack of English leading to difficulty in conducting business in Canada; applicant's over-reliance on sister as interpreter, as source for suppliers, as business partner; applicant's lack of research into business plan; visa officer's uncertainty as to whether applicant having skills to establish business-- Application dismissed--Visa officer took account of applicant's experience as engineer in construction project management but not convinced sufficient to operate supermarket in Toronto market--Visa officer also found insufficient evidence of business experience in China to conclude he contributed to successful establishment of business here--Relevant considerations; conclusions not unreasonable--As to applicant's "over-reliance" on sister, in context, given lack of experience, rudimentary business plan, not unreasonable for visa officer to have considered reliance on sister "over-reliance", calling into question applicant's ability to establish successful business--Cheng v. Canada (Minister of Citizenship and Immigration) (2001), 13 Imm. L.R. (3d) 28 (F.C.T.D.) distinguished--While may well be that many of applicant's potential customers or suppliers would speak his language, inability to speak English or French not irrelevant consideration as person in business must be able to communicate with suppliers, others--Visa officer's conclusion not unreasonable.