CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Permanent Residents |
Zhao v. Canada (Minister of Citizenship and Immigration)
IMM-3382-98
Reed J.
17/2/00
6 pp.
Application for judicial review of visa officer's decision refusing applicant visa for permanent residence--Applicant applying under self-employed category as stock analyst--"Self-employed person" defined in Immigration Regulations, s. 2(1) as " an immigrant who intends and has the ability to establish or purchase a business in Canada that will create an employment opportunity for himself and will make a significant contribution to the economy or the cultural or artistic life of Canada"--Visa officer committed error of law in reaching decision on assessment of applicant as self-employed immigrant--Visa officer's decision based to significant degree on finding stock analyst not type of self-employed activity that could make significant contribution to economic life of Canada--Visa officer's discretion not extending to refusing self-employed applicant visa merely on basis of type of work or business applicant intends to pursue--Not open to visa officer, when assessing person in self-employed category, to reject person because visa officer considers occupation individual intends to pursue in Canada of type not of significant benefit to Canada--Sufficiently significant error that can be seen as tainting whole assessment--Application allowed--Immigration Regulations, 1978, SOR/78-172, s. 2(1) (as am. by SOR/83-837, s. 1).